Godrej Finance Limited vs Joshi Medico and Supermarket — Bombay HC (2025) — LawSathi Research

Godrej Finance Limited vs Joshi Medico and Supermarket — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Relief granted in terms of prayer clauses (b) and (d) of the Interim Application: Respondents to file an Affidavit stating particulars of properties as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908, and to disclose their means on affidavit as per Section 51 of the Code of Civil Procedure. Respondents to file their Affidavit of Service within four weeks from the date of the order; the learned Advocates for the Applicant/Decree-holder to serve notice of the order on the Respondents and file Affidavit of Service prior to the next date. Interim Application placed for consideration on 17th March 2025.

Issue for consideration

Whether disclosure directions should issue against the Respondents, who were served by substituted service (paper publication) but failed to remain present, in terms of prayer clauses (b) and (d) of the Interim Application — namely, an affidavit stating particulars of properties under Order 21 Rule 41 of the Code of Civil Procedure, 1908, and an affidavit disclosing their means under Section 51 of the Code of Civil Procedure for satisfaction of the decree.

Ratio / Principle

Since the Respondents had been served by substituted service (paper publication) and the Affidavit of Service to that effect was filed, yet they failed to remain present, the Court granted relief in terms of prayer clauses (b) and (d) of the Interim Application.

Key takeaways

In terms of prayer clause (b), the Respondents are required by order of the Court to file an Affidavit stating particulars of his properties etc., as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908.ratio¶27
In terms of prayer clause (d), the Respondents are 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.ratio¶28

Detailed headnote1 paragraphs

Execution stage disclosure order — Bombay High Court (OOCJ), R.I. Chagla J, 10 February 2025, Interim Application No. 3549 of 2024 in Execution Application No. 261 of 2025, Godrej Finance Limited (Applicant/Decree Holder) v. Joshi Medico and Supermarket & Anr. Pursuant to the Court's order dated 6th January 2025 permitting substituted service, the Interim Application with notice for 10th February 2025 was served by paper publication in Free Press Journal (English) and Navshakti (Marathi) and an Affidavit of Service dated 6th February 2025 was filed. Despite service, Respondent Nos. 1 and 2 failed to remain present. The Court accordingly granted relief in terms of prayer clauses (b) and (d): the Respondents are to file an Affidavit stating particulars of his properties etc., as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908, and are directed to disclose their means on affidavit for satisfying the decree as per Section 51 of the Code of Civil Procedure. The Respondents are to file their Affidavit of Service within four weeks; the Applicant's advocates are to serve notice of the order and file Affidavit of Service before the next date; the Interim Application is placed for consideration on 17th March 2025.

15-IA-3549-24.doc

Sharayu Khot.

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

INTERIM APPLICATION NO. 3549 OF 2024

IN

EXECUTION APPLICATION NO. 261 OF 2025

Godrej Finance Limited …Applicant/ Decree Holder

Versus

Joshi Medico and Supermarket & Anr. …Respondents

Ms. Bijal Gogri i/by GNP Legal for the Applicant.

CORAM : R.I. CHAGLA J

DATE : 10 February 2025

ORDER :

Ms. Gogri, the learned Counsel for the Applicant /

SHARAYU PANDURANG KHOT

Digitally signed bySHARAYU PANDURANG KHOT Date: 2025.02.12 14:38:22 +0530

Decree-holder states that pursuant to the order dated 6th January 2025 passed by this Court by which this Court had granted substituted service by way of paper publication, the substituted service has been effected and Affidavit of Service dated 6th February 2025 has been filed. This shows that the Interim Application along with the notice to the Respondents to remain present before this

1/3

15-IA-3549-24.doc

Court on the next date, i.e. 10th February 2025, which is today has been served by way of substituted service, i.e. paper publication in two newspapers, i.e. Free Press Journal (English language) and Navshakti (Marathi language).

Inspite of service, the Respondent Nos. 1 and 2 have failed to remain present.

Ms. Gogri has accordingly, sought for disclosure order to be passed by this Court in terms of prayer clauses (b) and (d) of the Interim Application.

Considering that the Respondents have been served by substituted service, i.e. paper publication and Affidavit of Service to that effect has been filed, and inspite of which, the Respondents have failed to remain present, there shall be grant of relief in terms of prayer clauses (b) and (d) of the Interim Application, which read thus:-

“(b) That the Respondents above named be required by an order of this Hon’ble Court to file his Affidavit stating

2/3

15-IA-3549-24.doc

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.”

The Respondents shall file their Affidavit of Service within a period of four weeks from the date of this order.

The learned Advocates for the Applicant / Decree-holder shall serve the notice of this order on the Respondents and file Affidavit of Service prior to the next date.

Interim Application shall be placed for consideration on

17th March 2025.

3/3