Aditya Birla Finance Limited vs Arvind Kumar — Bombay HC (2025) — LawSathi Research

Aditya Birla Finance Limited vs Arvind Kumar — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application allowed: Judgment Debtors directed (per prayer clause (b)) to jointly and/or severally file comprehensive affidavits on oath disclosing movable and immovable assets, all bank accounts with account numbers/bank/branch and amounts lying therein, and debts and receivables payable by third parties with precise addresses, within four weeks; and (per prayer clause (e)), pending hearing and final disposal of the Execution proceedings, to furnish Income Tax Returns for the last five years along with Balance Sheets and profit and loss accounts of their business, if any. Copy of the order to be served on the Respondents with an affidavit of service; matter listed on 20 January 2026.

Issue for consideration

Whether the reliefs sought in prayer clauses (b) and (e) of the Interim Application — disclosure on oath by the Judgment Debtors of their movable and immovable assets, bank accounts and balances, and debts/receivables payable by third parties, and furnishing of Income Tax Returns for the last five years with Balance Sheets and profit and loss accounts — should be granted in the pending Execution proceedings.

Court's answer

The Court granted the reliefs in terms of prayer clauses (b) and (e) of the Interim Application.

Ratio / Principle

The disclosure on oath was directed to be filed within a period of four weeks.

Key takeaways

Copy of the order was directed to be served upon the Respondents and an appropriate affidavit of service to be filed.ratio¶¶25

Detailed headnote1 paragraphs

Execution — Asset disclosure — High Court of Judicature at Bombay (Abhay Ahuja, J.), 6 November 2025, in Interim Application No. 2348 of 2025 in Execution Application No. 2267 of 2025 (Aditya Birla Finance Limited v. Arvind Kumar and others): with the Respondents/Judgment Debtors served but unrepresented and no payment made against an unsatisfied Decree/Award dated 31.08.2019 of the Learned Arbitral Tribunal, the Court granted the Applicant-decree holder's reliefs under prayer clauses (b) and (e) invoking Order 21 Rule 41 of the Code of Civil Procedure, 1908 — directing the Judgment Debtors, jointly and/or severally, to file comprehensive affidavits on oath within four weeks disclosing all movable and immovable assets, all bank accounts (with account numbers, bank, branch) and amounts lying therein, and all debts and receivables payable by third parties with precise addresses; and, pending hearing and final disposal of the Execution proceedings, to furnish Income Tax Returns for the last five years together with Balance Sheets and profit and loss accounts of their business, if any. Copy of the order to be served with an affidavit of service; matter listed on 20 January 2026.

41-IA-2348-2025.doc

Digitally signed by KANCHAN KANCHANPRASHANTDHURI PRASHANTDHURIDate:2025.11.07 10:48:34 +0530

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

INTERIM APPLICATION NO. 2348 OF 2025

IN

EXECUTION APPLICATION NO. 2267 OF 2025

Aditya Birla Finance Limited … Applicant

Versus

Arvind Kumar and others … 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 (e), 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 amounts lying in the Bank accounts and also all

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41-IA-2348-2025.doc

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.

(e) 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 (e) 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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