Kalpana Struct Con Pvt. Ltd. v. Shah Group Builders and Infraprojects Ltd.
Case brief
What is this about?
Execution; consent terms dated 09.05.2024 (transfer of two properties with possession; failing which Rs.4 crores; failing which Rs.8 crores) unfulfilled; Order XXI Rule 41 CPC disclosure on oath within four weeks; ad-interim restraint on dealing with/disposal of assets until next date 11.08.2025; apprehension of alienation/third-party interests; Respondent absent though served 04.07.2025; Bombay HC Commercial Division; Abhay Ahuja, J.; IA 3080/2025 in COMEX(L) 8439/2025 with COMEX(L) 16973/2023; Kalpana Struct-Con Pvt Ltd v Shah Group Builders and Infraprojects Ltd.
What did the court decide?
Disclosure on oath in terms of prayer clause (a) under Order XXI Rule 41 CPC ordered; affidavit of disclosure to be filed within four weeks; ad-interim restraint until the next date (matter listed on 11 August 2025) on the Respondent dealing with or disposing of any assets/properties; copy of order to be served with affidavit of service; objections to the Commercial Execution Applications to be removed by the next date.