M/S Kotak Mahindra Bank Limited v. New Compare Services Limited

45.IA.3130.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3130 OF 2024 IN EXECUTION APPLICATION NO. 800 OF 2019 M/s Kotak Mahindra Bank Limited ...Applicant

Versus

New Compare Services Limited & Ors.

...Respondents

***  Ms. Bijal Gogri a/w Ms. Keertana Nair i/b Om Gurjar Law Chambers, for the Applicant.

*** CORAM : MANISH PITALE, J.

Digitally signed by SHRIKANT SHRINIVAS MALANI Date:

2025.05.06 10:39:44 +0530 SHRIKANT SHRINIVAS MALANI DATE : 05th MAY 2025.

P. C. :

1.

The learned counsel for the applicant relies upon an affidavit of service placed on record, which shows that the papers pertaining to the present application have been served by respondent Nos.2, 3 and 4, who are directors of respondent No.1 - Company. It appears that respondent No.1 could not be served. But, since directors of respondent No.1 i.e. respondent Nos.2 to 4 have been served, there is substance in the contention raised on behalf of the applicant that the said respondents ought to place disclosure affidavits before this Court.

2.

In view of the above, there shall be ad-interim reliefs in terms of prayer clauses (b) and (d), which read as follows: "(b) That the Respondents above named be required by an Shrikant Malani

45.IA.3130.2024.doc 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 disclosure their means on affidavit for satisfying the decree of the Applicant under execution as per Section 51 of the Code of Civil Procedure."

3.

Respondent Nos.2, 3 and 4 shall file disclosure affidavits within six weeks from today.

4.

List on 02nd July 2025.

(MANISH PITALE, J.) Shrikant Malani