Capital India Home Loans Limited v. Shrawan Kumar Agarwal And 2 ORS.

14-IA-929-24.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 929 OF 2024 IN EXECUTION APPLICATION (L) NO. 6622 OF 2024 M/s. Capital India Home Loans Limited ...Applicant/ Decree Holder

Versus

Shrawan Kumar Agarwal & Ors.

...Respondents

---------- Ms. Bijal Gogri i/by GNP Legal for the Applicant. ---------- CORAM : R.I. CHAGLA J DATE : 10 February 2025 ORDER :

1.

Ms. Gogri, the learned Counsel for the Applicant has referred to the prior order dated 2nd May 2024 passed by this Court by which this Court had granted relief in terms of prayer clauses (b) SHARAYU PANDURANG KHOT and (d) of the Interim Application, which was for disclosure on oath by SHARAYU PANDURANG KHOT Date:

2025.02.12 12:09:57 +0530 by the Respondents filing of Affidavit of Disclosure within a period of four weeks from the date of the said order.

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14-IA-929-24.doc 2.

Ms. Gogri has submitted that the Respondents have failed to comply with the disclosure order dated 2nd May 2024. She has accordingly, sought for issuance of bailable warrants against the Respondent Nos. 1 and 3, as Respondent No. 2 is a woman and bailable warrant against her cannot be sought. 3.

Considering that the disclosure order dated 2nd May 2024 has not been complied with by the Respondents, inspite of service, which is borne out from the Affidavit of Service filed on 9th August 2024, the office shall issue bailable warrants against the Respondent Nos. 1 and 3 in the sum of Rs. 25,000/- each to be executed against them by the concerned local police station, returnable on 17th March 2025.

[R.I. CHAGLA J.] 2/2