Moneywise Financial Services Pvt. Ltd. vs Circle Infotech Pvt. Ltd. — Bombay HC (2025) — LawSathi Research

Moneywise Financial Services Pvt. Ltd. vs Circle Infotech Pvt. Ltd. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disclosure directed in terms of prayer clause (b): Judgment Debtor(s) to file disclosures on an Affidavit within four weeks; copy of the order to be served upon the Respondents with an Affidavit of service to be filed; service on the remaining Respondents to be effected; matter listed on 29th July 2025.

Issue for consideration

Whether the Judgment Debtor/Respondents should be required by order of the Court to file an Affidavit stating particulars of their properties etc. under Order 21 Rule 41 of the Code of Civil Procedure, 1908, the Decree/Award dated 08.02.2022 having remained unsatisfied for more than two years. +1 more

Court's answer

This Court directed disclosure in terms of prayer clause (b) of the Interim Application, i.e., the Judgment Debtor(s) to file disclosures of particulars of their properties etc. as provided under Order 21 Rule 41 CPC.

Ratio / Principle

The disclosures are to be filed on an Affidavit within a period of four weeks.

Key takeaways

A copy of the order is to be served upon the Respondents with an appropriate Affidavit of service to be filed, service on the other Respondents is also to be effected, and the matter is listed on 29th July 2025.ratio¶26

Detailed headnote1 paragraphs

Bombay High Court, Original Side (Abhay Ahuja, J.) — Interim Application No. 2605 of 2025 in Execution Application (L) No. 2731 of 2024: Moneywise Financial Services Pvt. Ltd. (Applicant/Claimant) v. Circle Infotech Pvt. Ltd. & Ors. (Judgment Debtor). With the Decree/Award dated 08.02.2022 passed by the Ld. Arbitral Tribunal unsatisfied for over two years, and notice to Respondent No.3 returned with the remark “door locked” (counsel asserting good service per C.C. Alavi Haji v. Palapetty Muhammed, (2007) 6 SCC 555), the Court directed disclosure in terms of prayer clause (b): the Judgment Debtor(s) to file an Affidavit stating particulars of their properties etc. under Order 21 Rule 41 of the Code of Civil Procedure, 1908, within four weeks. Copy of the order to be served with an Affidavit of service; service on the remaining Respondents to be effected; matter listed on 29th July 2025.

80 ia 2605-25.doc

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

LAXMI SUBHASH SONTAKKE

Digitally signed by LAXMI SUBHASH SONTAKKE Date: 2025.06.25 10:53:26 +0530

INTERIM APPLICATION NO. 2605 OF 2025 IN

EXECUTION APPLICATION (L) NO. 2731 OF 2024

Moneywise Financial Services Pvt. Ltd.

...Applicant/Claimant

V/s.

Circle Infotech Pvt. Ltd. & Ors.

...Judgment Debtor

Mr. Ashok Singh a/w Sameer Bothre & Shambu Mishra, Advocate for the Applicant.

None for the Respondent.

CORAM : ABHAY AHUJA, J. DATE : JUNE 23, 2025

P.C. :

When the matter is called out, Mr. Singh, learned Counsel appears for the Applicant and submits that service to the Respondents No. 1 and 2 has not been successful. However, notice to the Respondent No.3 has been returned with the remark “door locked”. Mr. Singh submits that the said service is good service as per the decision of the Hon’ble Supreme Court in the case of C.C. Alavi Haji Vs. Palapetty Muhammed & Anr. [(2007)(6) SCC 555]. Mr. Singh submits that as far as Respondents No. 1 and 2 are concerned, this Court may grant some more time to serve. However, as regards the Respondent No.3,

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Laxmi

80 ia 2605-25.doc

this Court may grant relief in terms of prayer clause (b) which reads

thus:

“(b) that the Judgment Debtor/Respondent be required by an order of this Hon’ble Court to file their Affidavit stating particular of their properties etc, as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908 since the Decree/Award dated 08.02.2022 passed by the Ld. Arbitral Tribunal has remained unsatisfied for more than two years from the date of its passing;”

Having heard the learned Counsel and having perused the

papers, this Court directs disclosure in terms of prayer clause (b). Let

the disclosures be filed on an Affidavit within a period of four weeks.

Let a copy of this order be served upon the Respondents and an appropriate Affidavit of service be filed. Let service on the other Respondents also be effected.

List on 29^th July 2025 .

(ABHAY AHUJA, J.)

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Laxmi