Tata Capital Financial Services Ltd. v. Arvind Pandurng Dhoke

37-IA-2711-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION by KANCHAN PRASHANT DHURI Date:

2026.02.11 14:44:35 +0530 INTERIM APPLICATION NO. 2711 OF 2025 KANCHAN PRASHANT DHURI IN EXECUTION APPLICATION NO. 1665 OF 2024 Tata Capital Financial Services Ltd.

... Applicant

Versus

Arvind Pandurng Dhoke and another ... Respondents WITH INTERIM APPLICATION NO. 5999 OF 2025 IN EXECUTION APPLICATION NO. 1665 OF 2024 ............

Ms. Bijal Gogri instructed by OM Gujar Law Chambers, Advocate for the Applicant.

Mr. Rahul Basantani instructed by M/s. Solomon & Co., Advocate for the Respondent No.2.

............

CORAM

:

ABHAY AHUJA, J.

DATE :

10 FEBRUARY 2026 P.C. :

Interim Application No. 5999 of 2025 :

1.

Pursuant to the order dated 23rd November 2025, today when the matter is called out, Mr. Basantani, learned Counsel, appears for the Respondent No.2 and tenders across the bar an Affidavit dated 17th December 2025.

2.

A perusal of the affidavit indicates that it has been stated that the Respondent No.2 is not in a position to quantify the amount of the 1st Respondents' salary that can be deposited with the Applicant-Bank, which is rather surprising.

Kanchan Dhuri 1/2

37-IA-2711-2025.doc 3.

Be that as it may, from a perusal of the paragraph 7 of the said Affidavit, it is clear that the monthly earnings of the Respondent No.1 who is employed with the Respondent No.2, from the period June to November is fluctuating between Rs.1,80,290/- and Rs.2,57,040/-. 4.

Accordingly, taking the minimum figure, in view of proviso (i) to Section 60(1), Order XXI Rule 46 of the Code of Civil Procedure, 1908 and prayer clause (d) to the Interim Application No.5999 of 2025, this Court directs that earnings of Respondent No.1 from his employment with Respondent No.2 to the extent of Rs.60,000/- per month be attached and that the Respondent No.2 is directed to remit this amount by the 5th of every month to the account of the Applicant as per the details contained in prayer clause (d), until the outstanding amount of Rs.5,98,567/- is paid, it being a settled position that the deductions made by the Respondent No.2 towards outstanding loans of Respondent No.1 to Respondent No.2 cannot be adjusted or deducted while making the aforesaid payments.

5.

The Interim Application No.5999 of 2025 accordingly stands allowed and disposed as above.

6.

Liberty to apply in case of any default or difficulty. (ABHAY AHUJA, J.) Kanchan Dhuri 2/2