Tata Capital Limited (Formerly Known As Tata Capital Financial Service Ltd.) v. Dilipkumar Ramlakhan Gupta

21. IA 3483-24 in EXAL 32991-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3483 OF 2024 IN EXECUTION APPLICATION (L) NO. 32991 OF 2024 Tata Capital Limited ...Applicant V/s.

Dilipkumar Ramlakhan Gupta

...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 21st September, 2020, pursuant to which the Respondent was directed to pay to the Applicant a sum of Rs. 3,13,593/-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 14th January, 2025 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

21. IA 3483-24 in EXAL 32991-24.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.

It is observed that the Execution Application is on lodging number. Let objections be removed and registered number be obtained within a period of three weeks, failing which the Execution Application and consequently the Interim Application to stand dismissed without further reference to the Court.

6.

Subject to the above, 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.

7.

Let a copy of this order be served upon the Respondent and an appropriate affidavit of service be filed by the next date. 8.

Also subject to the above, list on 5th February, 2026. (ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2025.12.06 12:49:25 +0530 Nikita Gadgil 2/2 NIKITA YOGESH GADGIL