Tata Capital Limited (Formerly Known As Tata Capital Financial Services Ltd) v. Hafiz Habib Shaikh
24. IA 1600-25 in EXA 1426-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1600 OF 2025 IN EXECUTION APPLICATION NO. 1426 OF 2025 Tata Capital Limited ...Applicant V/s.
Hafiz Habib Shaikh
...Respondent
Ms. Bijal Gogri i/b O. M. Gujar Law Chambers for the Applicant.
CORAM
:
ABHAY AHUJA, J.
DATE :
6th JANUARY, 2026 P.C. :
1.
This Interim Application seeks execution of arbitral award dated 21st June, 2022, pursuant to which the Respondent was directed to pay to the Applicant a sum of Rs.11,13,649/- 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 February, 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. Digitally signed by NIKITA YOGESH GADGIL Date:
2026.01.06 18:05:04 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 1/2
24. IA 1600-25 in EXA 1426-25.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 17th February, 2026.
(ABHAY AHUJA, J.) Nikita Gadgil 2/2