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Bombay High CourtIA/787/2025dismissed

Aditya Birla Finance Limited v. Sagarika Biswal

2026-01-12Hon'Ble Shri Justice Abhay Ahuja3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN PRASHANT DHURI Date:

2026.01.13 11:22:52 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION KANCHAN PRASHANT DHURI IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 787 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 89 OF 2025 Aditya Birla Finance Limited ... Applicant

Versus

Sagarika Biswal ... Respondent ............

Ms. Simran K. Raj instructed by Ms. Tikshta Modi, Advocate for the Applicant.

None for the Respondents.

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

CORAM

:

ABHAY AHUJA, J.

DATE :

12 JANUARY 2026 P.C. :

1.

Ms. Raj, learned Counsel, appears for the Applicant and submits that despite service of the Execution Application alongwith the Interim Application to the Respondents neither any payment has been made nor the Respondents are represented today and that this Court may grant disclosure in terms of prayer clauses (b) and (e), which read thus :

"(b) That this Hon'ble Court be pleased to direct the Judgment Debtors to jointly and or severally to file their Kanchan Dhuri 1/3

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 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 such time as this Hon'ble Court 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 24th May 2024 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 Debtors to furnish his/their Income Tax Returns for last five years along with the Balance Sheets and profit and loss accounts of their business."

2.

Having heard the learned Counsel and having considered her Kanchan Dhuri 2/3

submissions, this Court is of the view that the reliefs in terms of prayer clauses (b) and (e) be granted.

3.

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

4.

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

5.

List on 24th February 2026.

(ABHAY AHUJA, J.) Kanchan Dhuri 3/3