Tata Capital Limited v. Santosh Kharat
11-ia-2654-2024.doc jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION JITENDRA SHANKAR NIJASURE INTERIM APPLICATION NO.2654 OF 2024 IN EXECUTION APPLICATION (L) NO.21643 OF 2024 JITENDRA SHANKAR NIJASURE Date: 2025.01.18 12:40:30 +0530 Tata Capital Ltd.
(Formerly known as Tata Capital Financial Services Ltd.) ...Applicant
Versus
Santosh Kharat
...Respondent
---------- 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 states that the Respondent has been served and Affidavit of Service dated 13th August, 2024 has been filed to that effect. She has accordingly sought for grant of prayer Clauses (b) and (d) of the Interim Application.
2.
I have considered the above submissions, and noted that the Respondent has been served with the papers and proceedings and inspite of service failed to make an appearance. 1/2
11-ia-2654-2024.doc 3.
In view thereof, it is necessary to pass disclosure order which is 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 Respondent 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 Respondent 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."
4.
The learned Counsel for the Applicant / Decree Holder shall serve notice of this Order on the Respondent / Judgment Debtor and file Affidavit of Service prior to the next date. 5.
The Respondent / Judgment Debtor shall file Affidavit of Disclosure within a period of four weeks from the date of this Order. 6.
Place the Interim Application on 17th February, 2025 for further consideration.
[ R.I. CHAGLA J. ] 2/2