JUDGMENT/ORDER

1. Heard Mr. Dhaval Zaveri for the Petitioners and Ms. Vijeta Poulekar for Respondent No. 1.

2. Rule. Rule is made returnable forthwith. The matter is heard finally at the stage of admission with the consent of parties.

3. The issue involved in the present Petition is that the Application filed by the Petitioners/Plaintiffs under Sec. 151 of CPC, seeking directions from the Court against the Defendants to disclose their assets, is rejected. Such Application filed by the Plaintiffs was rejected by the Trial Court by the impugned order dtd. 12/5/2023, precisely on the ground that the Plaintiffs failed to prove that the Defendants are liable to pay the amount to the Plaintiffs.

4. Mr. Zaveri appearing for the Petitioners would submit that the Plaintiffs filed a suit for recovery of money against the Defendants and during the pendency of the said suit, an Application was filed under Sec. 151 of CPC, seeking directions to the Respondents to disclose on affidavit their assets, so as to secure the interest of the Plaintiffs, in case, the suit is decreed in their favour.

5. Mr. Zaveri would submit that in the case of Rahul S. Shah Vs. Jinendra Kumar Gandhi & Others, (2021) 6