Full Judgement
Bombay High Court
Mehta Jaising Builders Llp vs Om Siddhi Ventures And 5 Ors on 18 January, 2022
Bench: B.P. Colabawalla
GANESH 11-IA-2815-2021.doc
SUBHASH
LOKHANDE
Digitally signed by
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GANESH SUBHASH
LOKHANDE
Date: 2022.01.18
15:38:38 +0530
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION NO. 2815 OF 2021
IN
COMMERCIAL EXECUTION APPLICATION (L) NO. 26113 OF 2021
Mehta Jaising Builders LLP .. Applicant/
Judgment Creditor/
Org. Claimant
IN THE MATTER BETWEEN:
Mehta Jaising Builders LLP .. Judgment Creditor.
Org. Claimant
Vs.
Om Siddhi Ventures and Ors. .. Judgment Debtors/
Org. Respondents
Anoshak Davar a/w. Kausar Banatwala & Neuty Thakker i/b. Tushar
Garadia for the Applicant.
Mihir Govilkar i/b. Jandeep A. Bhagwat for the Respondents.
CORAM :- B.P.COLABAWALLA, J.
DATE :- 18th JANUARY, 2022.
(THROUGH VIDEO CONFERENCING)
P. C.:
1. By order dated 8th December, 2021, this Court had directed
the Judgment Debtors to make a full disclosure of assets as more
particularly set out in paragraph 5 of the said order. For the sake of
Ganesh Lokhande 1/3 11-IA-2815-2021.doc
convenience, paragraph 5 is reproduced hereunder:
"5. Detailed affidavit to be filed shall include disclosure of all assets of the firm and the partners including Income Tax returns of the firm and partner. Statement of assets movable and immovable held by the partners firms and the partners as well as bank accounts held by each of them, shares, stocks, securities and other moveable items of value shall also be disclosed in this affidavit."
2. It appears that even prior to 8th December, 2021, certain
statements were made on behalf of the Judgment Debtors which
thereafter turned out to be incorrect and/or false.
3. When the matter is called out today, it has been brought to
my attention that despite the aforesaid order dated 8 th December, 2021,
full disclosure has not been made by the Judgment Debtors as more
particularly set out in paragraph 5 of the order dated 8 th December,
2021.
4. The learned advocate appearing on behalf of the Judgment
Debtors submitted that the order has not been complied with because
the Judgment Debtors have filed an Appeal from the order dated 8 th
December, 2021. I am afraid that this argument cannot justify the
Judgment Debtors not complying with the order dated 8 th December,
Ganesh Lokhande 2/3 11-IA-2815-2021.doc
2021. Admittedly, there is no stay of the aforesaid order. In fact, the
Judgment Debtors have not even filed a praecipe seeking circulation of
their Appeal before a Division Bench in the present assignment.
5. In these circumstances, it is directed that the Judgment
Debtors shall comply with the directions passed by this Court on 8 th
December, 2021 within a period of two weeks from today, failing which
this Court may be constrained to take action against the Judgment
Debtors under the provisions of Order XXI, Rule - 41 (3) of the Code of
Civil Procedure, 1908.
5. Stand over to 1st February, 2022.
6. All parties to act on an authenticated copy of this order
digitally signed by the Personal Assistant /Private Secretary/Associate
of this Court.
(B. P. COLABAWALLA, J.)
Ganesh Lokhande 3/3
