Avanse Financial Services Ltd. v. Anitya Kumar Gupta

903-IA-1406-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1406 OF 2024 IN EXECUTION APPLICATION (L) NO.9107 OF 2024 Avanse Financial Services Ltd.

...Applicant V/s.

Anitya Kumar Gupta & Anr.

...Respondents

Ms. Bijal K. Gogri i/b GNP Legal, Advocate for the Applicant.

CORAM

:

ABHAY AHUJA, J.

DATE :

28th NOVEMBER, 2024 P.C. :

1.

This Interim Application seeks execution of arbitral award dated 29th March, 2023, pursuant to which the Respondents were directed to pay to the Applicant a sum of Rs. 45,47,636/- along with interest. 2.

Ms. Gogri, learned Counsel appears for the Applicant and Digitally signed by NIKITA YOGESH GADGIL Date:

2024.11.29 10:23:42 +0530 NIKITA YOGESH GADGIL submits that no payment has been received by the Applicant till date. That, the Respondents have been served on 20th June, 2024 and this Court grant prayer of disclosure in terms of prayer Clauses (b) and (d), which read thus :

"(b) That the Respondents above named be required by an order of this Hon'ble Court to file his Affidavit stating particulars of his properties such as immovable properties, bank balance, other assets, investments of the Respondents Nikita Gadgil 1/2

903-IA-1406-2024.doc etc., as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908.

(d) That the Respondents 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."

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 (d) be granted.

5.

Let affidavit of disclosure, on oath, in terms of prayer Clauses (b) and (d) 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 8th January, 2025.

(ABHAY AHUJA, J.) Nikita Gadgil 2/2