Hdfc Bank Ltd v. Shayan Ansari

by LAXMIKANT GOPAL CHANDAN Date: 2023.08.01 10:13:09 +0530 LAXMIKANT GOPAL CHANDAN 1 (23) EXA-419.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMON NO.419 OF 2019 IN EXECUTION APPLICATION (L) NO.164 OF 2019 HDFC Bank Ltd.

: Applicant/Claimant/Decree Holder In the matter between HDFC Bank Ltd.

: Petitioner/Claimant/Decree Holder versus Shayan Ansari : Respondent/Judgment Debtor.

----- Ms. Bijal Gogri with Ms. Shiny Roy i/by O. M. Gujar Law Chambers for the Applicant.

----- CORAM :

ARIF S. DOCTOR, J.

th July 2023 DATE :

P.C. :

1.

Learned Counsel for the Applicant today invites my attention to the Affidavit of Service dated 31 st May 2023 and points out that a copy of the Execution Application along with Chamber Summons has been duly served upon the Respondent. She submits that despite which fact the Respondent has not appeared to show cause why no orders should be passed against the Respondent.

LGC

2 (23) EXA-419.19.doc 2.

In view thereof, I am satisfied that the Applicant has made out a case for the grant of limited prayer that is sought for viz. for disclosure of the Assets of the Respondent. Therefor the present Chamber Summons is allowed in terms of prayer clause (b) which read thus :- "(b) That the Respondents above named 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 08/10/2018 passed by the Learned Arbitral Tribunal has remained unsatisfied for more than 90 days from the date of its passing."

3.

It is made clear that the Applicant will be at liberty to apply for further reliefs in the present Chamber Summons should the Applicant be required to do so.

4.

Learned Counsel for the Applicant undertakes to file an Affidavit of proving the service upon the Respondent along with the copy of this order within a period of two weeks from today.

5.

Stand over to 21 st August 2023.

(ARIF S. DOCTOR, J.) LGC