Baco Metallic Industries v. Egcg Ltd Formally Known As Export Credit Guarantee Corporation Of India Ltd

15. COMEX 7-26.doc THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL EXECUTION APPLICATION NO. 7 OF 2026 Baco Metallic Industries ...Applicant V/s.

EGCG LTD

...Respondent

Mr. Harsh Kesharia for the Applicant/Decree Holder. Ms. Kriti Kalyani with Mr. Abhishek Mookherjee i/b Mr. Shardul Amarchand Mangaldas for the Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

16th FEBRUARY, 2026 P.C. :

1.

When the matter is called out, Mr. Kesharia, learned Counsel appears for the Applicant and seeks disclosures in terms of prayer Clause (c) submitting that although the Petition under Section 34 of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") has been dismissed, no payment has been made till date and further although an Appeal under Section 37 of the Arbitration Act has been filed, however, there is no stay on the execution of the award. 2.

Ms. Kalyani, learned Counsel appearing for the Respondent submits that the Appeal under Section 37 of the Arbitration Act is coming up on 19th March, 2026, however, there is no stay on the execution of the award.

Nikita Gadgil 1/2

15. COMEX 7-26.doc 3.

Having heard the learned Counsel and having considered their submissions, this Court is of the view that the Respondent to make disclosures in terms of Column J(c) as under:- " J (c)- By issue of order and direction under Order XXI Rule 41 of the Code of Civil Procedure, 1908 to the persons listed in Column (I) hereinabove to disclose on oath such property / properties, movable as well as immovable, whether held by them or held through any other person or entity as may be owned by them or any of them and the encumbrance, if any, thereon;(ii) disclose all Bank Statements of all Bank Accounts held by them; and (iii) the Income Tax Returns of Judgment Debtors from the year 2016 till date alongwith their respective Audit Reports; and (iv) details of shareholding patterns of Judgment Debtors in such persons/entity and/or orally examine them or any one or more of them in this regard as per Rule 41 of Order XXI of the Code of Civil Procedure, 1908."

4.

Let disclosures as above be made on oath within a period of four weeks with copy to the other side.

5.

List on 8th April, 2026.

(ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2026.02.16 18:16:19 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 2/2