Tata Capital Limited vs Bharatkumar Nathalal Patel — Bombay HC (2025) — LawSathi Research

Tata Capital Limited vs Bharatkumar Nathalal Patel — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Relief granted in terms of prayer clauses (b) and (d) of the Interim Application: Respondents / Judgment Debtors to file affidavit stating particulars of their properties under Order 21 Rule 41 of the Code of Civil Procedure, 1908, and to disclose their means on affidavit for satisfying the decree under Section 51 of the Code of Civil Procedure; Affidavit of Disclosure to be filed within four weeks; counsel for the Decree Holder to serve notice of the Order and file Affidavit of Service before the next date (17th February, 2025).

Issue for consideration

Whether refusal of service by Respondent Nos. 1 and 2 amounts to deemed service, such that they stand served despite refusing acceptance. +1 more

Court's answer

Refusal of service by Respondent Nos. 1 and 2 amounts to deemed service as per settled law; they are accordingly treated as served and have failed to make appearance.

Ratio / Principle

Disclosure relief is granted in terms of prayer clauses (b) and (d) of the Interim Application: the Respondents are required to file an affidavit stating particulars of their properties under Order 21 Rule 41 of the Code of Civil Procedure, 1908, and to disclose their means on affidavit for satisfying the decree under Section 51 of the Code of Civil Procedure.

Key takeaways

The Respondents / Judgment Debtors are directed to file the Affidavit of Disclosure within a period of four weeks from the date of the Order.ratio¶29

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (R.I. Chagla J., 8th January 2025), Interim Application No. 2651 of 2024 in Execution Application (L) No. 22042 of 2024 — Tata Capital Ltd. (Decree Holder) v. Bharatkumar Nathalal Patel & Ors. (Judgment Debtors). Service of the Execution Application and Interim Application having been attempted on Respondent Nos. 1 and 2 and refused, the Court held that refusal of service, as per settled law, amounts to deemed service; the Respondents stood served and had failed to make appearance. The Court accordingly granted disclosure reliefs sought in prayer clauses (b) and (d): the Respondents are required to file an affidavit stating particulars of their properties as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908, and to disclose their means on affidavit for satisfying the decree as per Section 51 of the Code of Civil Procedure. An Affidavit of Disclosure is to be filed within four weeks from the date of the Order; counsel for the Decree Holder is to serve notice of the Order on the Respondents and file an Affidavit of Service prior to the next date. Further consideration fixed for 17th February, 2025.

9-ia-2651-2024.doc

jsn

Digitally signed by JITENDRA JITENDRA SHANKAR SHANKAR NIJASURE NIJASURE Date: 2025.01.15 12:26:18 +0530

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

INTERIM APPLICATION NO.2651 OF 2024 IN

EXECUTION APPLICATION (L) NO.22042 OF 2024

Tata Capital Ltd. …Applicant (Formerly known as Tata Capital Financial Services Ltd.)

Versus

Bharatkumar Nathalal Patel & Ors. …Respondents

Ms. Bijal Gogri, i/b Om Gujar Law Chamber for the Applicant.

CORAM : R.I. CHAGLA J.

DATE : 8TH JANUARY, 2025.

ORDER :

Ms. Gogri the learned Counsel appearing for the

Applicant / Decree Holder states that service of the Execution Application and Interim Application was attempted on the Respondent Nos.1 and 2 who refused service and accordingly she has submitted that refusal of service is deemed service.

Accordingly, the Respondent Nos.1 and 2 have been

1/3

9-ia-2651-2024.doc

served and Affidavit of Service dated 20th August, 2024 to that effect has been filed. She has accordingly sought for grant of prayer Clauses (b) and (d) of the Interim Application.

Having considered the above submissions, and noting

that the Respondent Nos.1 and 2 have refused service which as per settled law amounts to deemed service, the Respondent Nos.1 and 2 have been served and they have failed to make appearance.

In view thereof, it is necessary to grant disclosure order which are in terms of prayer Clauses (b) and (d) of the Interim Application and accordingly relief in terms of prayer Clauses (b) and (d) is granted, which read thus:-

“(b) That the Respondents above named be required by an order of this Hon’ble Court to file his Affidavit stating particulars of his properties etc. as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908.

(d) That the Respondents be directed to disclose their means on affidavit for satisfying the decree of the Applicant under execution as per Section 51 of the Code of Civil Procedure.”

2/3

9-ia-2651-2024.doc

The learned Counsel for the Applicant / Decree Holder shall serve notice of this Order on the Respondents / Judgment Debtors and file Affidavit of Service prior to the next date.

The Respondents / Judgment Debtors shall file Affidavit

of Disclosure within a period of four weeks from the date of this Order.

Place the Interim Application on 17th February, 2025 for

further consideration.

3/3