Aditya Birla Capital Limited v. Mirza Anwar Ali Baig

6. IA 3965-25 in EXAL 22275-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3965 OF 2025 IN EXECUTION APPLICATION (L) NO. 22275 OF 2025 Aditya Birla Capital Ltd.

...Applicant V/s.

Mirza Anwar Ali Baig and Anr.

...Respondents

Ms.Magdhi Pawar i/b Ms. Tikshta Modi for the Applicant. None for the Respondents.

CORAM

:

ABHAY AHUJA, J.

DATE :

2nd SEPTEMBER, 2025 P.C. :

1.

This Interim Application has been filed in the aid of execution of the award dated 22nd August, 2024.

2.

When the matter is called out, Ms. Pawar, 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 (c) and (g), which read thus:- "(c) 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 numbes, 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 Digitally signed by NIKITA YOGESH GADGIL Date:

2025.09.02 18:52:15 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 1/2

6. IA 3965-25 in EXAL 22275-25.doc 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 22.08.2024 passed by the Larned Arbitral Tribunal has remained unsatisfied for more than 30 days from the date of its passing;

(g) 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." 3.

It is observed that the Execution Application is on lodging number. Let objections be removed and registered number be obtained within a period of three weeks, failing which the Execution Application and consequently the Interim Application to stand dismissed without further reference to the Court.

4.

Subject to the above, let disclosures be made on oath by the Respondents in terms of prayer Clauses (c) and (g) within a period of four weeks.

5.

Also subject to the above, let copy of this order be served upon the Respondents and an appropriate affidavit of service be filed. 6.

Subject to the above, list on 11th November, 2025. (ABHAY AHUJA, J.) Nikita Gadgil 2/2