Aditya Birla Finance Limited vs Ramalal Pradhan — Bombay HC (2026) — LawSathi Research

Aditya Birla Finance Limited vs Ramalal Pradhan — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The reliefs in prayer clauses (b) and (e) were granted: the Judgment Debtors (Respondents) are to file comprehensive affidavits disclosing on oath their movable and immovable assets, including bank accounts, amounts lying therein, and debts/receivables payable by third parties, within four weeks; and are to furnish Income Tax Returns for the last five years with balance sheets and profit and loss accounts. Copy of the order is to be served with an affidavit of service, and the matter is listed on 24 February 2026.

Issue for consideration

Whether the Judgment Debtors should be directed, jointly and/or severally, to file comprehensive affidavits disclosing on oath their movable and immovable assets, including details of all bank accounts, amounts lying therein, and debts and receivables payable by third parties (prayer clause (b)), the decree/award being unsatisfied for more than 30 days. +1 more

Court's answer

This Court held that the reliefs in terms of prayer clauses (b) and (e) be granted; accordingly the Judgment Debtors are to file comprehensive affidavits disclosing on oath their assets, both movable and immovable, including bank account details, amounts lying in such accounts, and debts and receivables payable by third parties.

Ratio / Principle

This Court granted prayer clause (e): pending the hearing and final disposal of the Execution proceedings, the Judgment Debtors are to furnish their Income Tax Returns for the last five years along with balance sheets and profit and loss accounts of their business.

Key takeaways

The disclosure on oath is to be filed within a period of four weeks (whereas prayer clause (b) had sought two weeks from the date of the order).ratio¶28
Copy of this order is to be served upon the Respondents and an appropriate affidavit of service is to be filed.ratio¶29
The matter is to be listed on 24 February 2026.ratio

Detailed headnote1 paragraphs

Commercial execution – disclosure of judgment debtors' assets – Interim Application No. 797 of 2025 in Commercial Execution Application No. 88 of 2025, High Court of Judicature at Bombay, Commercial Division (Abhay Ahuja, J., 12 January 2026) – decree/award dated 24 May 2024 of the Learned Arbitral Tribunal unsatisfied for more than 30 days – Respondents served with the Execution Application and Interim Application but unpaid and unrepresented – Court grants prayer clauses (b) and (e): Judgment Debtors to jointly and/or severally file comprehensive affidavits disclosing on oath movable and immovable assets, bank accounts with account numbers/branch, amounts therein and debts/receivables payable by third parties, invoking Order 21 Rule 41 of the Code of Civil Procedure, 1908, and to furnish Income Tax Returns for the last five years with balance sheets and profit and loss accounts pending the execution proceedings – disclosure on oath to be filed within four weeks (clause (b) had sought two weeks) – copy of order to be served with affidavit of service – matter listed on 24 February 2026.

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Digitally signed by KANCHAN KANCHAN PRASHANTDHURI PRASHANT Date: DHURI 2026.01.13 11:22:52 +0530

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

IN ITS COMMERCIAL DIVISION

INTERIM APPLICATION NO. 797 OF 2025

IN

COMMERCIAL EXECUTION APPLICATION NO. 88 OF 2025

Aditya Birla Finance Limited … Applicant Versus Ramalal Pradhan and others … Respondents

Ms. Simran K. Raj instructed by Ms. Tikshta Modi, Advocate for the Applicant.

None for the Respondents.

CORAM : ABHAY AHUJA, J. DATE : 12 JANUARY 2026

P.C. :

Ms. Raj, learned Counsel, appears for the Applicant and submits that despite service of the Execution Application alongwith the

Interim Application to the Respondents neither any payment has been

made nor the Respondents are represented today and that this Court

may grant disclosure 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

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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 Court 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 24^th May 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.”

Having heard the learned Counsel and having considered her

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submissions, this Court is of the view that the reliefs in terms of prayer clauses (b) and (e) be granted.

Let the disclosure on oath be filed 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 24^th February 2026 .

(ABHAY AHUJA, J.)

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