L And T Finance Limited v. Raghav Motors And 2 ORS.

906. IA 2626-24 in EXAL 23346-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2626 OF 2024 IN EXECUTION APPLICATION (L) NO. 23346 OF 2024 L & T Finance Ltd.

...Applicant V/s.

Raghav Motors and Ors.

...Respondents

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 28th February, 2023, pursuant to which the Respondents were directed jointly and severally to pay to the Applicant a sum of Rs.10,97,076/- comprising of amount outstanding installments, overdue interest, costs of arbitration with further 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 Respondents have been served on 29th July, 2024 and this Court grant prayer of disclosure in terms of prayer Digitally signed by NIKITA YOGESH GADGIL Date:

2024.10.23 18:35:33 +0530 NIKITA YOGESH GADGIL Clauses (b) and (g), which read thus :

Nikita Gadgil 1/2

906. IA 2626-24 in EXAL 23346-24.doc "(b) That the Defendants abovenamed be required by an order of this Hon'ble Court to file their Affidavit stating particulars of their properties etc., as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908 since the Decree/Award dated 28.02.2023 passed by the Learned Arbitral Tribunal has remained unsatisfied for more than 30 days from the date of its passing;

(g) That the Defendants be directed to disclose his 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 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 (g) be granted.

5.

Let affidavit of disclosure on oath in terms of prayer clauses (b) and (g) 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 15th January, 2025.

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