Aditya Birla Finance Limited vs Nakula Prusty — Bombay HC (2025) — LawSathi Research

Aditya Birla Finance Limited vs Nakula Prusty — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application allowed: reliefs in prayer clauses (b) and (d) granted against the Judgment Debtors — comprehensive asset-disclosure affidavits on oath (including bank accounts and third-party debts/receivables) and Income Tax Returns for the last five years with Balance Sheets and profit and loss accounts; disclosure within four weeks; copy of order to be served with affidavit of service; matter listed on 20 January 2026.

Issue for consideration

Whether the Judgment Debtors should be directed, in the unsatisfied-execution proceedings arising out of the Decree/Award dated 31.08.2019, to disclose on oath their movable and immovable assets, bank accounts, 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 (prayer clause (d)).

Court's answer

The reliefs in terms of prayer clauses (b) and (d) are granted: the Judgment Debtors are to file comprehensive affidavits disclosing on oath their movable and immovable assets, all bank accounts, 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 is to be filed within a period of four weeks.

Key takeaways

A copy of the order is to be served upon the Respondents and an appropriate affidavit of service is to be filed.ratio¶23
The matter is to be listed on 20 January 2026.ratio¶24

Detailed headnote1 paragraphs

Execution — Interim Application in Execution Application (ST) No. 5162 of 2025 — Decree/Award dated 31.08.2019 of the Learned Arbitral Tribunal unsatisfied for more than 30 days — disclosure sought 'as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908' — Respondents unrepresented despite service — Held: reliefs in prayer clauses (b) and (d) granted; Judgment Debtors to file comprehensive affidavits disclosing on oath movable and immovable assets, all bank accounts, and debts and receivables payable by third parties, and to furnish Income Tax Returns for the last five years with Balance Sheets and profit and loss accounts — disclosure on oath within four weeks — copy of order to be served, affidavit of service to be filed — listed on 20 January 2026 (Abhay Ahuja, J.).

38-IA-2345-2025.doc

Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2025.11.07 10:48:04 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO. 2345 OF 2025

IN

EXECUTION APPLICATION (ST) NO. 5162 OF 2025

Aditya Birla Finance Limited … Applicant

Versus

Nakula Prusty and another … Respondents

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

None for the Respondents.

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 Respondents neither any payment has been made nor the Respondents are 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

38-IA-2345-2025.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 Respondents and an appropriate affidavit of service be filed.

List on 20^th January 2026 .

(ABHAY AHUJA, J.)

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