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20. IAL 24492-25 in COMEXL 24336-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION (L) NO. 24492 OF 2025

IN

COMMERCIAL EXECUTION APPLICATION (L) NO. 24336 OF 2025

Tata Capital Limited ...Applicant

V/s.

Home Zone Metals Pvt. Ltd. & Anr. ...Respondents

Mr. Siddhant Dalvi i/b I. V. Merchant & Co. for the Applicant.

CORAM : ABHAY AHUJA, J.

DATE : 22^nd DECEMBER, 2025

P.C. :

1. Mr. Dalvi, learned Counsel appears for the Applicant and submits

that in gross violation of the consent terms dated 28^th October, 2024,

the Respondents have not even paid one single monthly installment as

agreed and that this Court may, therefore, in aid of the execution of the

order dated 13^th November, 2024 taking the consent terms on record

may direct the Respondents to furnish the bank guarantee of Rs.

5,49,00,000/- in favour of the Applicant in addition to a restraint on

their assets and disclosure in terms of Order XXI Rule 41 of the Code of

Civil Procedure, 1908 (“CPC”).

2. Mr. Dalvi submits that the Applications have been served on the

Digitally Respondents. Learned Court Associate confirms that the service has

signed by

NIKITA

NIKITA YOGESH

YOGESH GADGIL

GADGIL Date:

2025.12.22 been effected on 8^th December, 2025.

19:35:53

+0530

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20. IAL 24492-25 in COMEXL 24336-25.doc

3. Mr. Dalvi submits that this Court may consider granting the

prayer Clauses (a), (b) and (c).

4. Having heard the learned Counsel and having considered his

submissions, this Court is of the view that for the time being the

Respondents be directed to make disclosures in terms of the prayer

Clause (b), which reads thus:-

“(b) that pending hearing and final disposal of the Execution

Application, this Hon'ble Court be pleased to direct the

Respondents under Order XXI Rule 41 (2) of Code of Civil

Procedure Code, 1908 to forthwith file their respective

Affidavits disclosing complete details of all the movable and

immovable properties belonging to Respondents with the

encumbrances, if any, whether held in their sole names or

jointly with others, by giving complete particulars

alongwith all the supporting documents as to the title of the

respective movable (including but not limited to Bank

Statements, Fixed Deposits, holdings under respective Demat

Accounts) and all immovable prope1ties to be disclosed by

the Respondents;

5. Let affidavits of disclosure on oath in terms of prayer Clause (b)

be filed and served by the Respondents within a period of four weeks.

6. Let a copy of this order be served upon the Respondents and an

appropriate affidavit of service be filed by the next date.

7. List on 16^th February, 2026.

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20. IAL 24492-25 in COMEXL 24336-25.doc

8. Till the next date, the Respondents not to in any manner

whatsoever, deal with or dispose of any of the assets, movable and

immovable, tangible and intangible.

9. Let objections be removed and registered numbers be obtained

witin a period of four weeks.

(ABHAY AHUJA, J.)

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