Tata Capital Limited Formerly Known As Tata Capital Financial Services Ltd. v. Sharda Siddhantath Nikam

20. IA 3404-24 in EXA 2800-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3404 OF 2024 IN EXECUTION APPLICATION NO. 2800 OF 2024 Tata Capital Limited ...Applicant V/s.

Sharda Siddhantath Nikam

...Respondent

Ms.Bijal Gogri i/b O. M. Gujar Law Chambers for the Applicant.

CORAM

:

ABHAY AHUJA, J.

DATE :

5th DECEMBER, 2025 P.C. :

1.

This Interim Application seeks execution of arbitral award dated 7th August, 2023, pursuant to which the Respondent was directed to pay to the Applicant a sum of Rs. 12,67,687/-along with interest. 2.

Ms. Gogri, learned Counsel appears for the Applicant and submits that no payments have been received by the Applicant till date. That, the Respondent has been served on 11th November, 2024 and this Court grant prayer of disclosure in terms of Prayer clauses (b) and (d), 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. Nikita Gadgil 1/2

20. IA 3404-24 in EXA 2800-24.doc (d) That the Respondent be ordered and 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."

3.

None appears for the Respondent, though served. 4.

Having heard the learned Counsel and having considered her submissions, this Court is of the view that relief in terms of prayer Clauses (b) and (d) be granted.

5.

Let affidavit of disclosure on oath in terms of prayer Clauses (b) and (d) 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 5th February, 2026.

(ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2025.12.06 12:49:17 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 2/2