Tata Capital Limited v. Bharatkumar Nathalal Patel

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by JITENDRA SHANKAR NIJASURE Date:

2025.01.15 12:26:18 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION JITENDRA SHANKAR NIJASURE INTERIM APPLICATION NO.2651 OF 2024 IN EXECUTION APPLICATION (L) NO.22042 OF 2024 Tata Capital Ltd.

(Formerly known as Tata Capital Financial Services Ltd.) ...Applicant

Versus

Bharatkumar Nathalal Patel & Ors.

...Respondents

---------- Ms. Bijal Gogri, i/b Om Gujar Law Chamber for the Applicant. ---------- CORAM : R.I. CHAGLA J.

DATE : 8TH JANUARY, 2025.

ORDER :

1.

Ms. Gogri the learned Counsel appearing for the Applicant / Decree Holder states that service of the Execution Application and Interim Application was attempted on the Respondent Nos.1 and 2 who refused service and accordingly she has submitted that refusal of service is deemed service. 2.

Accordingly, the Respondent Nos.1 and 2 have been 1/3

served and Affidavit of Service dated 20th August, 2024 to that effect has been filed. She has accordingly sought for grant of prayer Clauses (b) and (d) of the Interim Application.

3.

Having considered the above submissions, and noting that the Respondent Nos.1 and 2 have refused service which as per settled law amounts to deemed service, the Respondent Nos.1 and 2 have been served and they have failed to make appearance. 4.

In view thereof, it is necessary to grant disclosure order which are in terms of prayer Clauses (b) and (d) of the Interim Application and accordingly relief in terms of prayer Clauses (b) and (d) is granted, 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 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."

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5.

The learned Counsel for the Applicant / Decree Holder shall serve notice of this Order on the Respondents / Judgment Debtors and file Affidavit of Service prior to the next date. 6.

The Respondents / Judgment Debtors shall file Affidavit of Disclosure within a period of four weeks from the date of this Order.

7.

Place the Interim Application on 17th February, 2025 for further consideration.

[ R.I. CHAGLA J. ] 3/3