Kotak Mahindra Bank Limited v. Sachin Bhauso Hake
905. IA 2623-24 in EXAL 22840-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2623 OF 2024 IN EXECUTION APPLICATION (L) NO. 22840 OF 2024 Kotak Mahindra Bank Limited ...Applicant V/s.
Sachin Bhauso Hake
...Respondent
Ms. Nehal Deshmukh with Mr. Reet Jain i/b S. I. Joshi & Co., Advocate for the Applicant.
CORAM
:
ABHAY AHUJA, J.
DATE :
23rd OCTOBER, 2024 P.C. :
1.
This Interim Application seeks execution of arbitral award dated 4th March, 2022, pursuant to which the Respondent was directed to pay to the Applicant a sum of Rs.11,65,421/- along with interest. 2.
Ms. Deshmukh, learned Counsel appears for the Applicant and submits that despite service no payment has been received by the Applicant till date. That, the Respondent has been served on 27th July, 2024 and this Court grant prayer of disclosure in terms of prayer Clauses (b) and (g), which read thus :
"(b) That the Defendant abovenamed 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 Digitally signed by NIKITA YOGESH GADGIL Date:
2024.10.23 18:35:32 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 1/2
905. IA 2623-24 in EXAL 22840-24.doc Rule 41 of the Code of Civil Procedure, 1908 since the Decree/Award dated 04.03.2022 passed by the Learned Arbitral Tribunal has remained unsatisfied for more than 30 days from the date of its passing;
(g) That the Defendant be directed to disclose their means on affidavit for satisfying the decree of the Plaintiffs under execution as per Section 51 of the Code of Civil Procedure." 3.
None appears for the Respondent, 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 (g) be granted.
5.
Let affidavit of disclosure on oath in terms of prayer clauses (b) and (g) be filed by the Respondent within a period of four weeks. 6.
Let a copy of this order be served upon the Respondent and an appropriate affidavit of service be filed by the next date. 7.
List on 15th January, 2025.
(ABHAY AHUJA, J.) Nikita Gadgil 2/2