Tata Capital Limited Formerly Known as Tata Capital Financial Services Ltd. vs Ramesh Mohazade (Borrower) — Bombay HC (2025) — LawSathi Research

Tata Capital Limited Formerly Known as Tata Capital Financial Services Ltd. vs Ramesh Mohazade (Borrower) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disclosures granted in terms of prayer Clauses (b) and (d): Respondents to file affidavits of disclosure on oath (particulars of properties under Order 21 Rule 41 CPC; disclosure of means under Section 51 CPC) within four weeks; copy of order to be served with affidavit of service; matters listed for 23rd September 2025, subject to registration of the Execution Applications within two weeks failing which they stand dismissed.

Issue for consideration

Whether the Court should direct the Respondents (judgment-debtors in execution) to file affidavits of disclosure — particulars of their properties under Order 21 Rule 41 CPC and disclosure of their means under Section 51 CPC — in aid of satisfaction of the decree in favour of the Applicant.

Court's answer

The Court granted the disclosures sought in terms of prayer Clauses (b) and (d) of the Interim Applications, subject to the Execution Applications being registered.

Ratio / Principle

Respondents directed to file affidavits of disclosure on oath in terms of prayer Clauses (b) and (d) within four weeks; a copy of the order to be served upon the Respondents and an appropriate affidavit of service filed by the next date.

Key takeaways

Since the Execution Applications are on lodging numbers, objections to be removed and registered numbers obtained within two weeks, failing which the Execution Applications to stand dismissed without further reference to the Court.ratio¶42

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (Abhay Ahuja, J.), order dated 5 August 2025 in nine Interim Applications (Nos. 2339, 2568, 2738, 2742, 2743, 2744, 3463, 3471 and 3782 of 2025) filed by TATA Capital Limited in Execution Applications (Nos. 1449, 9369 (L), 9103 (L), 9372 (L), 9110 (L), 9294 (L), 9130 (L), 9106 (L) and 9121 (L) of 2025) against Tejbhai Sgrambhai Bharvand and another: noting that the Execution Applications were on lodging numbers, the Court directed that objections be removed and registered numbers obtained within two weeks, failing which the Execution Applications would stand dismissed without further reference to the Court; subject thereto, the Court granted disclosures in terms of prayer Clauses (b) and (d) — affidavits of particulars of properties under Order 21 Rule 41 CPC and disclosure of means under Section 51 CPC — to be filed by the Respondents within four weeks; copy of the order to be served with an affidavit of service; matters listed for 23 September 2025.

4-9 and 11-13.doc

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

INTERIM APPLICATION NO.2339 OF 2025 IN

EXECUTION APPLICATION NO.1449 OF 2025

TATA Capital Limited (Formerly Known as Tata Capital Financial Services Limited) …Applicant V/s. Tejbhai Sgrambhai Bharvand And Another ...Respondents

WITH INTERIM APPLICATION NO.2568 OF 2025 IN

EXECUTION APPLICATION (L) NO.9369 OF 2025

WITH

INTERIM APPLICATION NO.2738 OF 2025 IN

EXECUTION APPLICATION (L) NO.9103 OF 2025

WITH

INTERIM APPLICATION NO.2742 OF 2025

IN

Digitally NIKITA signed byNIKITAYOGESH YOGESH GADGIL GADGIL Date:2025.08.05 19:41:47 +0530

EXECUTION APPLICATION (L) NO.9372 OF 2025

WITH

INTERIM APPLICATION NO.2743 OF 2025

IN

EXECUTION APPLICATION (L) NO.9110 OF 2025 WITH

INTERIM APPLICATION NO.2744 OF 2025

IN

EXECUTION APPLICATION (L) NO.9294 OF 2025 WITH

INTERIM APPLICATION NO.3463 OF 2025

IN

EXECUTION APPLICATION (L) NO.9130 OF 2025

WITH

INTERIM APPLICATION NO.3471 OF 2025

IN

EXECUTION APPLICATION (L) NO.9106 OF 2025 WITH

Nikita Gadgil

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4-9 and 11-13.doc

INTERIM APPLICATION NO.3782 OF 2025 IN EXECUTION APPLICATION (L) NO.9121 OF 2025

Ms. Bijal K. Gogri i/b O. M. Gujar Law Chambers for the Applicant None for the Respondents.

CORAM : ABHAY AHUJA, J. DATE : 5^th AUGUST, 2025

P.C. :

Ms. Gogri, learned Counsel appears for the Applicant in these

matters and submits that service has been effected on the Respondents that this Court may grant disclosures in terms of prayer Clauses (b) and

(d), 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, 1908.”

It is observed that the Execution Applications are on lodging numbers. Let objections be removed and registered numbers be obtained within a period of two weeks, failing which the Execution Applications to stand dismissed without further reference to the Court.

Nikita Gadgil

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4-9 and 11-13.doc

Subject to the above, having heard the learned Counsel and having considered her submissions, this Court is of the view that the disclosures in terms of the prayer Clauses (b) and (d) be granted.

Also subject to the above, let affidavits of disclosure on oath in terms of prayer Clauses (b) and (d) be filed by the Respondents 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 by the next date.

Also subject to the above, list on 23^rd September, 2025.

(ABHAY AHUJA, J.)

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