Aditya Birla Capital Limited vs Mohammad Nasim Ansari — Bombay HC (2025) — LawSathi Research

Aditya Birla Capital Limited vs Mohammad Nasim Ansari — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

In Interim Application No. 3324 of 2025: Respondents/Judgment Debtors directed to disclose on oath in terms of prayer Clauses (b) and (e) within four weeks. In Interim Applications Nos. 3327 and 3325 of 2025: last chance, without costs, granted to effect service and file affidavit of service. Copy of the order to be served; all matters listed on 14th January, 2026.

Issue for consideration

Whether further time should be granted to the Applicant to serve the Respondents in Interim Applications Nos. 3327 and 3325 of 2025. +1 more

Court's answer

In Interim Applications Nos. 3327 and 3325 of 2025, further time was granted to the Applicant, only and only as and by way of last chance and without payment of costs, to effect service upon the Respondents and file an appropriate affidavit of service, with the matters listed on 14th January, 2026.

Ratio / Principle

The Respondents were directed to make disclosures on oath in terms of prayer Clauses (b) and (e) of the Interim Application within a period of four weeks.

Key takeaways

A copy of the order was to be served upon the Respondents with an appropriate affidavit of service to be filed, and the matter listed on 14th January, 2026.ratio¶27

Detailed headnote1 paragraphs

Bombay High Court (Abhay Ahuja, J.), Interim Application No. 3324 of 2025 in Execution Application No. 2032 of 2025, Aditya Birla Capital Limited v. Chaitanya Sahu, with connected Interim Applications Nos. 3325 and 3327 of 2025 in Execution Applications Nos. 1972 and 2264 of 2025. The Interim Application was filed in aid of execution of an arbitral award dated 18th October, 2024 passed by the Learned Arbitral Tribunal. On the Applicant's submission that despite service no payments had been received and the Respondents were unrepresented, the Court directed the Respondents to make disclosures on oath in terms of prayer Clauses (b) and (e) - comprehensive affidavits disclosing movable and immovable assets, bank accounts and debts/receivables payable by third parties (invoking Order 21 Rule 41 of the Code of Civil Procedure, 1908 in the prayer), and Income Tax Returns for the last five years with Balance Sheets and profit and loss accounts - within four weeks. Copy of the order to be served with affidavit of service; listed on 14th January, 2026. In Interim Applications Nos. 3327 and 3325 of 2025, time to effect service was granted as a last chance without costs, the Court noting that time had been sought earlier on 18th August, 2025.

IA 3327-25 in EXA 2032-25 @ Connected matters.doc

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

INTERIM APPLICATION NO. 3327 OF 2025 IN

EXECUTION APPLICATION NO. 2032 OF 2025

Aditya Birla Capital Limited ...Applicant V/s. Chaitanya Sahu ...Respondent

WITH INTERIM APPLICATION NO. 3325 OF 2025 IN EXECUTION APPLICATION NO. 1972 OF 2025 AND INTERIM APPLICATION NO. 3324 OF 2025 IN EXECUTION APPLICATION NO. 2264 OF 2025

Ms.Jenny Somaiya i/b Ms. Tikshta Modi for the Applicant. None for the Respondent.

P.C. :

Interim Applications No. 3327 of 2025 and 3325 of 2025

Ms. Somaiya, learned Counsel appears for the Applicant and

seeks some more time to serve the Respondents.

It is observed that on 18^th August, 2025 also time was sought.

Accordingly, only and only as and by way of last chance without

payment of costs, to effect service upon the Respondents and to file

Nikita Gadgil 1/3

Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: 2025.11.18 12:57:59 +0530

IA 3327-25 in EXA 2032-25 @ Connected matters.doc

appropriate affidavit of service, list on 14^th January, 2026.

Interim Application No. 3324 of 2025

This Interim Application has been filed in aid of execution of the award dated 18^th October, 2024

When the matter is called out, Ms. Somaiya, learned Counsel appears for the Applicant and submits that despite service to the Respondents, no payments have been received nor there is any representation today and that this Court may direct disclosures in terms of prayer Clauses (b) and (e), which read thus:-

“(b) that this Hon’ble Court be pleased to direct the Judgment Debtors to jointly and or severally to file their comprehensive affidavits disclosing on oath the assets both movable and immovable held/owned by them, including details of all Bank accounts (with account numbers, Bank, Branch etc.) and all the amounts lying in the Bank accounts and also all debts and receivables payable by third parties to the Judgment Debtors with their precise and exact addresses within a period of 2 weeks from the date of the order or within such time as this Hon’ble may deemed fit by this Hon’ble Court as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908 since the Decree/Award dated 18.10.2024 passed by the Learned Arbitral Tribunal has remained unsatisfied for more than 30 days from the date of its passing.

(e) that pending the hearing and final disposal of the Execution proceedings, this Hon’ble Court be pleased to order and direct the respondents/Judgment Debtors to furnish his/their Income Tax Returns for last five years along with the Balance Sheets and profit and loss accounts of their business.”

Nikita Gadgil 2/3

IA 3327-25 in EXA 2032-25 @ Connected matters.doc

Let disclosures be made on oath by the Respondents in terms of prayer Clauses (b) and (e) within a period of four weeks.

Let copy of this order be served upon the Respondents and an appropriate affidavit of service be filed.

List on 14^th January, 2026.

(ABHAY AHUJA, J.)

Nikita Gadgil 3/3