Kotak Mahindra Bank Limited vs Zapadiya Dhirabhai Harjibhai S/O Harjibhai — Bombay HC (2025) — LawSathi Research

Kotak Mahindra Bank Limited vs Zapadiya Dhirabhai Harjibhai S/O Harjibhai — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Issuance of bailable warrants in the sum of Rs. 50,000/- each against the Respondents, returnable on 26th November 2025, with the Senior Police Inspector of the concerned police station to execute the warrants and secure the Respondents' presence, subject to the Applicant removing objections to the Execution Application within three weeks, failing which the Interim Application to stand dismissed.

Issue for consideration

Whether bailable warrants should be issued against the Respondents who, despite service of the order dated 12th February 2025 directing disclosures, have made no disclosure or payment and are not represented before the Court.

Court's answer

Subject to removal of the objections, bailable warrants in the sum of Rs. 50,000/- each are to be issued against the Respondents, returnable on 26th November 2025.

Ratio / Principle

Objections to the Execution Application are to be removed within three weeks and a registered number obtained; failing which, the Interim Application shall stand dismissed without further reference to the Court.

Key takeaways

The Applicant is to furnish details of the concerned police station, and the Senior Police Inspector of that police station is to execute the bailable warrants and secure the presence of the Respondents on the next date; the Respondents are to remain present in Court.ratio¶19

Detailed headnote1 paragraphs

Bombay High Court (Abhay Ahuja, J.), order dated 16 September 2025 in Interim Application No. 465 of 2025 in Execution Application (L) No. 38972 of 2024 — Kotak Mahindra Bank Limited v. Zapadiya Dhirabhai Harjibhai & Anr.: On the Applicant Bank submitting that, despite service of the order dated 12th February 2025 directing disclosures, no disclosure or payment had been made and the Respondents were unrepresented before the Court, the Court (i) noted that the Execution Application was still on lodging number and directed that objections thereto be removed within three weeks and a registered number obtained, failing which the Interim Application to stand dismissed without further reference to the Court; (ii) directed issuance of bailable warrants in the sum of Rs. 50,000/- each against the Respondents, returnable on 26th November 2025; and (iii) directed the Applicant to furnish details of the concerned police station, the Senior Police Inspector to execute the warrants and secure the Respondents' presence, and the Respondents to remain present in Court on the next date. No statute or precedent was considered in this short procedural order.

54-IA-465-2025.doc

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

INTERIM APPLICATION NO. 465 OF 2025 IN

EXECUTION APPLICATION (L) NO. 38972 OF 2024

KOTAK MAHINDRA BANK LIMITED )…APPLICANT

IN THE MATTER BETWEEN KOTAK MAHINDRA BANK LIMITED )…APPLICANT

V/s.

ZAPADIYA DHIRABHAI HARJIBHAI ) S/O. HARHIBHAI AND ANOTHER )...RESPONDENTS

Ms.Reet Jain i/by S.I.Joshi & Co., Advocate for the Applicant. None for the Respondents.

CORAM : ABHAY AHUJA, J. DATE : 16^th SEPTEMBER 2025

P.C. :

ARTI VILAS KHATATE

Ms.Reet Jain, learned Counsel for the Applicant, submits that despite service of order dated 12^th February 2025 directing disclosures from the Respondent, neither any disclosure has been made nor any payment has been made nor the Respondents are represented before this Court and that this Court may direct issuance of bailable warrant.

Digitally signed by ARTI VILAS KHATATE Date: 2025.09.17 20:21:48 +0530

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54-IA-465-2025.doc

It is observed that the Execution Application is still on lodging number. Let objections to the Execution Application be removed within a period of three weeks and registered number be obtained, failing which, the Interim Application to stand dismissed without further reference to this Court.

Subject to the above, having heard the learned Counsel and having considered the submissions, let bailable warrants in the sum of Rs.50,000/- each be issued against the Respondents, returnable on 26^th November 2025.

Subject to the above, the Applicant to assist the Registry and furnish details of the concerned Police station for the execution of the bailable warrants. The Senior Police Inspector of the concerned Police station to have the said bailable warrant executed and secure the presence of the Respondents on the next date. Let the Respondents remain present in the Court on the next date.

Subject also the above, list on 26^th November 2025 .

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54-IA-465-2025.doc

(ABHAY AHUJA, J.)

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