Kotak Mahindra Bank Limited v. Libra Business Pvt. Ltd.

47-IA-2848-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION by KANCHAN PRASHANT DHURI Date:

2025.11.14 10:59:07 +0530 KANCHAN PRASHANT DHURI INTERIM APPLICATION NO. 2848 OF 2025 IN EXECUTION APPLICATION NO. 1234 OF 2025 Kotak Mahindra Bank Limited ... Applicant

Versus

Libra Business Pvt. Ltd. and others ... Respondents ............

Ms. Rahila Memon instructed by S.I.Joshi & Co., Advocate for the Applicant.

None for the Respondents.

............

CORAM

:

ABHAY AHUJA, J.

DATE :

13 NOVEMBER 2025 P.C. :

1.

Ms. Memon, learned Counsel, appears for the Applicant and submits that despite service of the Execution Application alongwith the Interim Application to the Respondents neither any payment has been made nor the Respondents are represented today and that this Court may grant disclosure in terms of prayer clauses (b) and (g), which read thus :

(b) that the Respondents abovenamed be required by an order of this Hon'ble Court to file their Affidavit stating particulars of their Kanchan Dhuri 1/2

47-IA-2848-2025.doc properties etc., as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908 since the Decree/Award dated 08.08.2024 passed by the Learned Arbitral Tribunal has remained unsatisfied for more than 30 days from the date of its passing.

(g) that the Respondents be directed to disclose their means on affidavit for satisfying the decree of the Applicants under execution as per Section 51 of the Code of Civil Procedure.

2.

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

3.

Let the disclosure on oath be filed within a period of four weeks.

4.

Let copy of this order be served upon the Respondents and an appropriate affidavit of service be filed.

5.

List on 29th January 2026.

(ABHAY AHUJA, J.) Kanchan Dhuri 2/2