Aditya Birla Finance Limited v. Laxmi Traders

9. IA 113-25 in EXA 2294-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 113 OF 2025 IN EXECUTION APPLICATION NO. 2294 OF 2025 Aditya Birla Finance Limited ...Applicant V/s.

Laxmi Traders

...Respondent

Ms. Simran K. Raj i/b Ms. Tikshta Modi for the Applicant.

CORAM

:

ABHAY AHUJA, J.

DATE :

11th DECEMBER, 2025 P.C. :

1.

This Interim Application seeks execution of arbitral award dated 30th May, 2024, pursuant to which the Respondents were directed to pay to the Applicant a sum of Rs.15,29,890.22/- along with interest. 2.

Ms. Raj, learned Counsel appears for the Applicant and submits that no payment has been received by the Applicant till date. That, the Respondents have been served on 17th and 19th December, 2024 respectively and this Court grant prayer of disclosure in terms of prayer Clauses (b) and (e), which read thus :

"(b) That this Honourable Court be pleased to direct the Judgment Debtors through its Proprietor/Directors to jointly and or severally to file their 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 Nikita Gadgil 1/2

9. IA 113-25 in EXA 2294-25.doc 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 a period of 2 weeks from the date of the order or within such time as this Hon'ble 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 27 April 2018 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 Debtor and its proprietor, directors to file his/their Income Tax Returns from last Five years along with the Balance Sheets and profits and loss accounts."

3.

None appears for the Respondents, though served. 4.

Having heard the learned Counsel and having considered the submissions, this Court is of the view that relief in terms of prayer Clauses (b) and (e) be granted.

5.

Let affidavit of disclosure on oath in terms of prayer Clauses (b) and (e) be filed by the Respondents within a period of four weeks. 6.

Let a copy of this order be served upon the Respondents and an appropriate affidavit of service be filed by the next date. 7.

List on 5th February, 2026.

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

2025.12.11 19:02:20 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 2/2