Aditya Birla Finance Limited vs Anita Ankush Munde — Bombay HC (2025) — LawSathi Research

Aditya Birla Finance Limited vs Anita Ankush Munde — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer clauses (b) and (d) of the Interim Application granted: Judgment Debtor(s) to file comprehensive affidavit on oath disclosing movable and immovable assets, bank account details, debts and receivables within four weeks, and to furnish Income Tax Returns for the last five years with Balance Sheets and profit and loss accounts pending hearing and final disposal of the Execution proceedings; copy of order to be served with affidavit of service; matter listed on 20th January 2026.

Issue for consideration

Whether the Court should grant disclosure reliefs in terms of prayer clauses (b) and (d) of the Interim Application, namely (i) direction to the Judgment Debtors to file comprehensive affidavits disclosing on oath their movable and immovable assets, bank accounts, debts and receivables under Order 21 Rule 41 CPC 1908, and (ii) furnishing of Income Tax Returns for the last five years with Balance Sheets and profit and loss accounts pending the Execution proceedings.

Court's answer

The Court held that the reliefs in terms of prayer clauses (b) and (d) of the Interim Application be granted: the Judgment Debtors were directed to file comprehensive affidavits disclosing on oath all movable and immovable assets including bank account details, amounts lying therein, and debts and receivables payable by third parties, and to furnish Income Tax Returns for the last five years along with Balance Sheets and profit and loss accounts of their business, if any.

Ratio / Principle

The disclosure on oath was directed to be filed within a period of four weeks; a copy of the order was to be served upon the Respondent with an appropriate affidavit of service, and the matter listed on 20th January 2026.

Detailed headnote1 paragraphs

Bombay High Court (OOCJ), Abhay Ahuja, J., 6 November 2025 — Aditya Birla Finance Limited v. Anita Ankush Munde, Interim Application No. 2332 of 2025 in Execution Application No. 2400 of 2025: With the Decree/Award dated 31.08.2019 of the Learned Arbitral Tribunal unsatisfied for more than 30 days and the Respondent/Judgment Debtor unrepresented despite service, the Court granted disclosure reliefs under Order 21 Rule 41 of the Code of Civil Procedure, 1908: the Judgment Debtor(s) were ordered to file within four weeks a comprehensive affidavit on oath disclosing all movable and immovable assets, bank accounts (with account numbers, bank, branch and balances) and debts/receivables payable by third parties (prayer clause (b)), and to furnish Income Tax Returns for the last five years with Balance Sheets and profit and loss accounts of any business pending hearing and final disposal of the Execution proceedings (prayer clause (d)). Copy of the order to be served with affidavit of service; matter listed on 20th January 2026.

35-IA-2332-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2025.11.07 10:47:35 +0530

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO. 2332 OF 2025

IN

EXECUTION APPLICATION NO. 2400 OF 2025

Aditya Birla Finance Limited … Applicant Versus Anita Ankush Munde … Respondent

Ms. Jenny Somaiya instructed by Ms. Tikshta Modi, Advocate for the Applicant.

None for the Respondent.

CORAM : ABHAY AHUJA, J. DATE : 6 NOVEMBER 2025

P.C. :

Ms. Somaiya, learned Counsel, appears for the Applicant and submits that despite service of the Execution Application alongwith the

Interim Application to the Respondent neither any payment has been made nor the Respondent is represented today and that this Court may

grant disclosure in terms of prayer clauses (b) and (d), which read thus :

(b) That this Hon’ble Court be pleased to direct the Judgment Debtors to jointly and or severally to file their comprehensive affidavits disclosing on oath the assets both movable and immovable held/owned by them, including details of all Bank accounts (with account numbers, Bank, Branch etc.) and all the

Kanchan Dhuri 1/2

35-IA-2332-2025.doc

amounts lying in the Bank accounts and also all debts and receivables payable by third parties to the Judgment Debtors with their precise and exact addresses within a period of 2 weeks from the date of the order or within such time as this Hon’ble Court may deemed fit by this Hon’ble Court as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908 since the Decree/Award dated 31.08.2019 passed by the Learned Arbitral Tribunal has remained unsatisfied for more than 30 days from the date of its passing.

(d) That pending the hearing and final disposal of the Execution proceedings, this Hon’ble Court be pleased to order and direct the Respondents/ Judgment Debtors to furnish his/their Income Tax Returns for last five years along with the Balance Sheets and profit and loss accounts of their business, if any.”

Having heard the learned Counsel and having considered her submissions, this Court is of the view that the reliefs in terms of prayer clauses (b) and (d) be granted.

Let the disclosure on oath be filed within a period of four weeks.

Let copy of this order be served upon the Respondent and an appropriate affidavit of service be filed.

List on 20^th January 2026 .

(ABHAY AHUJA, J.)

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