Tata Capital Limited( Formerly Known as Tata Capital Financial Services Ltd.) v. Bharatkumar Nathalal Patel and Anr.
Execution – Interim Application – Disclosure of assets and means
Case brief
What is this about?
Bombay High Court, Ordinary Original Civil Jurisdiction (R.I. Chagla J., 8 January 2025) — Interim Application No.2655 of 2024 in Execution Application (L) No.22148 of 2024, Tata Capital Ltd. (Decree Holder) v. Bharatkumar Nathalal Patel & Ors. (Judgment Debtors). Held that refusal of service amounts to deemed service; disclosure order granted under Order 21 Rule 41 and Section 51 CPC — Judgment Debtors to file Affidavits of Disclosure of properties and means within four weeks; next date 17th February, 2025. Counsel: Ms. Bijal Gogri (i/b Om Gujar Law Chamber) for the Applicant. Keywords: execution proceedings, decree holder, judgment debtors, deemed service, refusal of service, affidavit of disclosure, disclosure of assets and means.
What did the court decide?
Relief in terms of prayer Clauses (b) and (d) of the Interim Application granted — Respondents/Judgment Debtors required to file affidavit of particulars of properties under Order 21 Rule 41 CPC, 1908 and to disclose means on affidavit under Section 51 CPC; Affidavits of Disclosure to be filed within four weeks; Applicant/Decree Holder to serve notice of the Order and file Affidavit of Service before the next date; Interim Application posted to 17th February, 2025.