Tata Capital Limited v. Kanabhai Ambaliya And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.2339 OF 2025 IN EXECUTION APPLICATION NO.1449 OF 2025 TATA Capital Limited (Formerly Known as Tata Capital Financial Services Limited) ...Applicant V/s.

Tejbhai Sgrambhai Bharvand And Another

...Respondents

WITH INTERIM APPLICATION NO.2568 OF 2025 IN EXECUTION APPLICATION (L) NO.9369 OF 2025 WITH INTERIM APPLICATION NO.2738 OF 2025 IN EXECUTION APPLICATION (L) NO.9103 OF 2025 WITH INTERIM APPLICATION NO.2742 OF 2025 IN EXECUTION APPLICATION (L) NO.9372 OF 2025 Digitally signed by NIKITA YOGESH GADGIL Date:

2025.08.05 19:41:47 +0530 NIKITA YOGESH GADGIL WITH INTERIM APPLICATION NO.2743 OF 2025 IN EXECUTION APPLICATION (L) NO.9110 OF 2025 WITH INTERIM APPLICATION NO.2744 OF 2025 IN EXECUTION APPLICATION (L) NO.9294 OF 2025 WITH INTERIM APPLICATION NO.3463 OF 2025 IN EXECUTION APPLICATION (L) NO.9130 OF 2025 WITH INTERIM APPLICATION NO.3471 OF 2025 IN EXECUTION APPLICATION (L) NO.9106 OF 2025 WITH 1/3

INTERIM APPLICATION NO.3782 OF 2025 IN EXECUTION APPLICATION (L) NO.9121 OF 2025 Ms. Bijal K. Gogri i/b O. M. Gujar Law Chambers for the Applicant None for the Respondents.

CORAM

:

ABHAY AHUJA, J.

DATE :

5th AUGUST, 2025 P.C. :

1. Ms. Gogri, learned Counsel appears for the Applicant in these matters and submits that service has been effected on the Respondents that this Court may grant disclosures in terms of prayer Clauses (b) and (d), which read thus:- "(b) That the Respondents 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. (d) That the Respondents be 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, 1908."

2.

It is observed that the Execution Applications are on lodging numbers. Let objections be removed and registered numbers be obtained within a period of two weeks, failing which the Execution Applications to stand dismissed without further reference to the Court. 2/3

3.

Subject to the above, having heard the learned Counsel and having considered her submissions, this Court is of the view that the disclosures in terms of the prayer Clauses (b) and (d) be granted. 4.

Also subject to the above, let affidavits of disclosure on oath in terms of prayer Clauses (b) and (d) be filed by the Respondents within a period of four weeks. Let a copy of this order be served upon the Respondents and an appropriate affidavit of service be filed by the next date.

5.

Also subject to the above, list on 23rd September, 2025. (ABHAY AHUJA, J.) 3/3