Neville Tuli v. Abraaj Investment Management Ltd

1 / 2 07-APP-37-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.37 OF 2016 ARISING OUT OF CHAMBER SUMMONS NO.77 OF 2014 IN EXECUTION APPLICATION NO.102 OF 2014 IN CLAIM NO.2009 FOLIO 1304 AND CLAIM NO.2009 FOLIO 1305 BEFORE THE HIGH COURT OF JUSTICE QUEENS BENCH DIVISION COMMERCIAL COURT, STRAND, LONDON WC 2A 2LL Mr.Neville Tuli .... Appellant (Orig. Respondent) versus Abraaj Investment Management Limited ... Respondent .......

• Mr.Siddharth Rath i/b. Nishith Desai Associates, Advocate for the Appellant.

• Mr.F. Divitre, Senior Advocate a/w Mr.Wasim Beg a/w Ms. Akika Gogoi i/b. Lex Firmus, for the Respondent. CORAM : R. M. SAVANT & SARANG V. KOTWAL, JJ.

DATE : 10th OCTOBER, 2017.

Nesarikar

2 / 2 07-APP-37-2016.odt P.C. :

1.

The learned Senior Counsel Mr.Divitre appearing for the Respondent i.e. Decree Holder, states that the impugned order in so far as it directs the disclosure of assets of the Judgment Debtor, has been complied with by the Appellant to the extent of filing an affidavit. Though, it is also contention of the learned Senior Counsel that the said affidavit in fact, does not make any disclosure of assets as warranted by Order XXI Rule 41 of Civil Procedure Code, in so far as the said aspect is concerned, the Decree Holder may take appropriate recourse before the learned Single Judge.

2.

However, in view of the fact that the affidavit of disclosure has been filed, the above Appeal challenging the impugned order to the said extent, has turned infructuous and is accordingly disposed of as such.

(SARANG V. KOTWAL, J.) (R. M. SAVANT, J.)