Aditya Birla Finance Limited v. Mitra Bhanu Meher
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1251 OF 2025 IN EXECUTION APPLICATION (L) NO. 2277 OF 2025 ADITYA BIRLA FINANCE LTD.
)...APPLICANT V/s.
MITRA BHANU MEHER AND OTHERS )...RESPONDENTS Ms.Jenny Somaiya i/by Ms.Tikshta Modi, Advocate for the Applicant. None for the Respondents.
CORAM
:
ABHAY AHUJA, J.
DATE :
18th AUGUST 2025 P.C. :
1.
Ms.Jenny Somaiya, learned Counsel, appears for the Applicant and submits that despite service none appears for the Respondents nor any payment has been received till date and that this Court grant disclosures in terms of prayer clauses (b), (e) and (h) which read thus: "(b) That this Hon'ble Court be pleased to direct the Judgment Debtors to jointly and or severally to file their comprehensive affidavits disclosing on oath the assets both movable and immovable held/owned by them, including details of all Bank accounts (with account numbers, Bank, Branch etc.) and all the amounts lying in the Bank accounts and also all debts and receivables payable by third parties to avk 1/3
the Judgment Debtors with their precise and exact addresses within a period of 2 weeks from the date of the order or within such time as this Hon'ble may deemed fit by this Hon'ble Court as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908 since the Decree/Award dated 31.08.2019 passed by the Learned Arbitral Tribunal has remained unsatisfied for more than 30 days from the date of its passing;
(e) That pending the hearing and final disposal of the Execution proceedings, this Hon'ble Court be pleased to order and direct the Respondents / Judgment Debtors to furnish his/their Income Tax Returns for last five years along with the Balance Sheets and profit and loss accounts of their business; (h) That the Respondents be directed to disclose their means on affidavit for satisfying the decree of the Plaintiffs under execution as per Section 51 of the Code of Civil Procedure;" 2.
It is observed that the Execution Application is still on lodging number. Let objections to the Execution Application be removed within a period of two weeks and registered number be obtained, failing which the Execution Application to stand dismissed without further reference to this Court.
3.
Subject to the above, having heard the learned Counsel and having considered her submissions, this Court directs that disclosures be made in terms of the aforesaid prayer clauses within a period of four avk 2/3
weeks. Let a copy of this order be intimated to the Respondents and an appropriate Affidavit of service be filed by the next date. 4.
Subject to the above, list on 1st October 2025. (ABHAY AHUJA, J.) ARTI VILAS KHATATE by ARTI VILAS KHATATE Date:
2025.08.18 15:18:28 +0530 avk 3/3