Aditya Birla Capital Limited v. Mohammad Nasim Ansari

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3327 OF 2025 IN EXECUTION APPLICATION NO. 2032 OF 2025 Aditya Birla Capital Limited ...Applicant V/s.

Chaitanya Sahu

...Respondent

WITH INTERIM APPLICATION NO. 3325 OF 2025 IN EXECUTION APPLICATION NO. 1972 OF 2025 AND INTERIM APPLICATION NO. 3324 OF 2025 IN EXECUTION APPLICATION NO. 2264 OF 2025 Ms.Jenny Somaiya i/b Ms. Tikshta Modi for the Applicant. None for the Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

17th NOVEMBER, 2025 P.C. :

Interim Applications No. 3327 of 2025 and 3325 of 2025 1.

Ms. Somaiya, learned Counsel appears for the Applicant and seeks some more time to serve the Respondents. 2.

It is observed that on 18th August, 2025 also time was sought. 3.

Accordingly, only and only as and by way of last chance without payment of costs, to effect service upon the Respondents and to file Digitally signed by NIKITA YOGESH GADGIL Date:

2025.11.18 12:57:59 +0530 Nikita Gadgil 1/3 NIKITA YOGESH GADGIL

appropriate affidavit of service, list on 14th January, 2026. Interim Application No. 3324 of 2025 4.

This Interim Application has been filed in aid of execution of the award dated 18th October, 2024 5.

When the matter is called out, Ms. Somaiya, learned Counsel appears for the Applicant and submits that despite service to the Respondents, no payments have been received nor there is any representation today and that this Court may direct disclosures in terms of prayer Clauses (b) and (e), 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 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 18.10.2024 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." Nikita Gadgil 2/3

6.

Let disclosures be made on oath by the Respondents in terms of prayer Clauses (b) and (e) within a period of four weeks. 7.

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

8.

List on 14th January, 2026.

(ABHAY AHUJA, J.) Nikita Gadgil 3/3