Kotak Mahindra Bank Limited vs Jagdish Chauhan S/O Dhirubhai Ishafatanisheri and Anr. — Bombay HC (2025) — LawSathi Research

Kotak Mahindra Bank Limited vs Jagdish Chauhan S/O Dhirubhai Ishafatanisheri and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disclosure reliefs in terms of Prayer clauses (b) and (g) granted: the Respondents to file, within four weeks, an affidavit of disclosure on oath stating particulars of their properties (Order 21 Rule 41, Code of Civil Procedure, 1908) and disclosing their means (Section 51, Code of Civil Procedure); a copy of the order to be served upon the Respondents with an appropriate affidavit of service filed by the next date; matter listed on 6 August 2025.

Issue for consideration

Whether relief in terms of Prayer clauses (b) and (g) of the Interim Application — requiring the Respondents to file an affidavit stating particulars of their properties under Order 21 Rule 41 CPC 1908 and to disclose their means on affidavit under Section 51 CPC for satisfaction of the decree/award dated 28.10.2020 — should be granted.

Court's answer

Relief in terms of Prayer clauses (b) and (g) is granted: the Respondents are required, by order of the Court, 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 under Section 51 of the Code of Civil Procedure, for satisfaction of the unsatisfied decree/award dated 28.10.2020.

Ratio / Principle

The Respondents are to file the affidavit of disclosure on oath in terms of Prayer clauses (b) and (g) within a period of four weeks.

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Abhay Ahuja, J. — Interim Application No. 3546 of 2024 in Execution Application (L) No. 30877 of 2024 (Kotak Mahindra Bank Ltd., applicant v. Jagdish Chauhan and anr.). The applicant bank sought execution of an arbitral award dated 28.10.2020 under which the respondents were directed to pay Rs.5,38,141/- with interest; the award had remained unsatisfied for more than 30 days and, per counsel, no payment had been received. The respondents, though served on 19.10.2024, did not appear. Granting the applicant's disclosure prayers, the Court held that relief in terms of Prayer clauses (b) and (g) be allowed: the respondents were directed to file, within four weeks, an affidavit of disclosure on oath stating particulars of their properties as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908, and disclosing their means on affidavit under Section 51 of the Code of Civil Procedure, for satisfaction of the decree/award. A copy of the order was to be served on the respondents with an affidavit of service filed by the next date, and the matter was listed on 6 August 2025. Counsel's undertaking to remove office objections to the Execution Application and obtain registration within four weeks was accepted.

32-IA-3546-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2025.07.03 19:18:30 +0530

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO. 3546 OF 2024

IN

EXECUTION APPLICATION (L) NO. 30877 OF 2024

Kotak Mahindra Bank Limited ... Applicant Versus Jagdish Chauhan s/o. Dhirubhai Ishafatanisheri and another ... Respondents

Mr. Reet Jain instructed by S.I. Joshi & Co., Advocate for the Applicant. None for the Respondents.

CORAM : ABHAY AHUJA, J. DATE : 3 JULY 2025

P.C. :

Ms. Jain, learned Counsel, appears for the Applicant and undertakes to remove the office objections to the Execution Application and obtain registered number, within a period of four weeks. The statement is accepted.

This Interim Application seeks execution of arbitral award dated 28^th October 2020, pursuant to which the Respondents were directed to pay to the Applicant a sum of Rs.5,38,141/- along with interest.

Kanchan Dhuri 1/3

32-IA-3546-2024.doc

Ms. Jain, learned Counsel, appears for the Applicant and submits that no payment has been received by the Applicant till date. That, the Respondents have been served on 19^th October 2024 and this Court grant prayer of disclosure in terms of Prayer clauses (b) and (g), which read thus :

“(b) That the Defendants abovenamed be required by an order of this Hon’ble Court to file their Affidavit stating particulars of their properties etc., as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908 since the Decree/Award dated 28.10.2020 passed by the Learned Arbitral Tribunal has remained unsatisfied for more than 30 days from the date of its passing.

(g) That the Defendants be directed to disclose their mans on affidavit for satisfying the decree of the Plaintiffs under execution as per Section 51 of the Code of Civil Procedure.”

4. None appears for the Respondents, though served.

Having heard the learned Counsel and having considered her submissions, this Court is of the view that relief in terms of Prayer clauses (b) and (g) be granted.

Kanchan Dhuri 2/3

32-IA-3546-2024.doc

Subject to the above, let affidavit of disclosure on oath in

terms of Prayer clauses (b) and (g) be filed by the Respondents within a period of four weeks.

Also subject to the above, 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 6^th August 2025 .

(ABHAY AHUJA, J.)

Kanchan Dhuri 3/3