Nusi Itf Trust For Indian Seafarers v. Wockhardt Hospital Limited

16. IA 4103-25 in COMEX 78-25-corrected.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 4103 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 78 OF 2025 Nusi ITF Trust for Indian Seafarers ...Applicant V/s.

Wockhardt Hospital Limited

...Respondent

Mr. A. M. Kapadia with Ms. Ayesha Damania i/b Pratik Salgaonkar for the Applicant.

Mr. Vikram Deshmukh with Mr. Vishal Maheshwari i/b V.M. Legal for the Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

29 SEPTEMBER, 2025 P.C. :

1.

This Interim Application has been filed in aid of the Execution Application.

2.

Mr. Kapadia, learned Counsel appears for the Applicant and submits that despite an award having been rendered on 20th August, 2024 and an amount of over Rs. 60 Crs. due to the Applicant, no payment has been made till date nor there is any stay to the execution of the award. That, therefore, this Court may direct the RespondentCompany to make disclosures in terms of the prayer Clause (a), which reads thus:- "(a) Pending the hearing and the final disposal of the Application, this Hon'ble Court be pleased to pass appropriate This order is corrected as per speaking to minutes of the order dated 3rd October, 2025. Nikita Gadgil 1/2

16. IA 4103-25 in COMEX 78-25-corrected.doc Orders and / or directions directing the Respondent to disclose on oath all their assets and properties (including moveable and immoveable, tangible and intangible) along with all documents of title relating thereto and all charges and encumbrances thereon and to file / produce before this Hon'ble Court the Income Tax Returns, Balance Sheet, Bank Accounts and Profit and Loss Account for the last preceeding 5 years."

3.

Mr. Deshmukh, learned Counsel appearing for the RespondentCompany submits that the Petition Under Section 34 of the Arbitration and Conciliation Act is to come up for hearing on 10th October, 2025, where parties have agreed that the matter be finally decided and that, therefore, this Court may suitably adjourn the matter, however, submitting that at present there is no stay to the execution of the award.

4.

Having heard the learned Counsel and having considered the submissions, this Court is of the view that the Managing Director/Director of the Respondent Company be directed to make disclosures in terms of prayer Clause (a) to the Application. 3.

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

4.

List on 10th November, 2025.

(ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2025.10.03 15:41:53 +0530 NIKITA YOGESH GADGIL This order is corrected as per speaking to minutes of the order dated 3rd October, 2025. Nikita Gadgil 2/2