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Bombay High CourtIA/171/2025dismissed

Tata Capital Limited v. Ajay Ambadas Rathod

2025-11-24Hon'Ble Shri Justice Abhay Ahuja2 pages

35-IA-171-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION by KANCHAN PRASHANT DHURI Date:

2025.11.24 20:32:38 +0530 KANCHAN PRASHANT DHURI INTERIM APPLICATION NO. 171 OF 2025 IN EXECUTION APPLICATION NO. 1244 OF 2025 Tata Capital Limited ... Applicant

Versus

Ajay Ambadas Rathod ... Respondent ............

Mr. Aniket Patil, Advocate for the Applicant. None for the Respondent.

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

CORAM

:

ABHAY AHUJA, J.

DATE :

24 NOVEMBER 2025 P.C. :

1.

Mr. Patil, learned Counsel, appears for the Applicant and submits that despite service, none appears nor any payment has been made till date and that this Court therefore direct disclosures in terms of prayer Clauses (b) and (d).

2.

It is observed that despite service, none appears for the Respondent.

3.

Accordingly, having heard the learned Counsel and having considered his submissions, this Court directs the Respondent to make disclosures in terms of prayer clauses (b) and (d) of the Interim Application, which read thus :

Kanchan Dhuri 1/2

35-IA-171-2025.doc (b) That the Respondent above named be required by an order of this Hon'ble Court to file his Affidavit stating particulars of his properties etc., as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908. (d) That the Respondent be directed to disclose their means on affidavit for satisfying the decree of the Applicant under execution as per Section 51 of the Code of Civil Procedure.

4.

Let the disclosures on oath be filed within a period of four weeks.

5.

Let a copy of this order be served upon the Respondent and an appropriate affidavit of service be filed. 6.

List on 14th January 2026.

(ABHAY AHUJA, J.) Kanchan Dhuri 2/2