Aditya Birla Finance Limited vs MD Salik Touhid — Bombay HC (2025) — LawSathi Research

Aditya Birla Finance Limited vs MD Salik Touhid — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Judgment Debtors directed (jointly and/or severally) to file, within four weeks, affidavits disclosing on oath all movable and immovable assets, bank account details and amounts lying therein, and debts/receivables payable by third parties, as provided under Order 21 Rule 41 CPC 1908, and to furnish their 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 the order to be served upon the Respondents with an affidavit of service; matter listed on 20 January 2026.

Issue for consideration

Whether the Respondents/Judgment Debtors, though served with the Execution Application and Interim Application and neither paying nor appearing, should be directed to disclose their assets on oath and furnish income tax returns and financial records in terms of prayer clauses (b) and (e).

Court's answer

The Court granted the reliefs sought in prayer clauses (b) and (e): the Judgment Debtors are to file a comprehensive affidavit disclosing on oath their movable and immovable assets, bank accounts and amounts lying therein, and debts and receivables payable by third parties, and are to furnish their Income Tax Returns for the last five years along with Balance Sheets and profit and loss accounts.

Ratio / Principle

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

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Abhay Ahuja, J., order dated 6 November 2025 on Interim Application No. 2349 of 2025 in Execution Application No. 2349 of 2025 (Aditya Birla Finance Limited v. Md. Salik Touhid and others): with the Judgment Debtors served but unrepresented and no payment made towards the unsatisfiied Decree/Award dated 31.08.2019 of the Learned Arbitral Tribunal, the Court allowed prayer clauses (b) and (e) — Judgment Debtors to jointly/severally file within four weeks affidavits disclosing on oath movable and immovable assets, bank accounts and amounts therein, and debts and receivables payable by third parties, as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908, and to furnish Income Tax Returns for the last five years with Balance Sheets and profit and loss accounts pending disposal of the Execution proceedings. Copy of the order to be served with an affidavit of service; listed on 20 January 2026. No cases cited; no dissents.

42-IA-2349-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2025.11.07 10:48:46 +0530

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO. 2349 OF 2025

IN

EXECUTION APPLICATION NO. 2349 OF 2025

Aditya Birla Finance Limited … Applicant

Versus

Md. Salik Touhid 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

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42-IA-2349-2025.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.

(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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