14-EXA(L)-18623-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

IN ITS COMMERCIAL DIVISION

INTERIM APPLICATION NO. 2723 OF 2022

IN

EXECUTION APPLICATION NO. (L) 18623 OF 2022

IN

ARBITRATION CASE NO. 965 of 2021

TATA CAPITAL FINANCIAL SERVIVE LTD

.. Applicant

Vs.

RAJENDRA SUBHASH SONI

.. Respondent

Adv. Bijal Gogri i/b OM GUJAR LAW CHAMBERS for the Applicant

CORAM:- B. P. COLABAWALLA,J.

DATE :- 11^th OCTOBER, 2022.

P. C.:

1.

The above Execution Application is filed seeking the

following reliefs:

“(a) That the Respondent be directed to deposit decretal amount of a

sum of Rs. 8,73,157/- with further interest on Rs. 8,73,157/-

@ 18% p.a. from 29.07.2021 till payment and / or realization

thereof;

(b) That the Respondent above named be required by an order of

Ganesh Lokhande page 1 of 4

GANESH

SUBHASH

LOKHANDE

Digitally

signed by

GANESH

SUBHASH

LOKHANDE

Date:

2022.10.12

10:31:02

+0530

14-EXA(L)-18623-2022.doc

this Hon’ble Court to file their Affidavit stating particulars of

their properties etc., as provided under Order 21 Rule 41 of the

Code of Civil Procedure, 1908.

(c)

That the Respondent be detained in civil prison as per Order

21 Rule 41 Sub-rule 3 of the Code of Civil Procedure for non-

compliance of the order passed by this Hon’ble Court in terms

of prayer clause (b) hereinabove;

(d) That the Respondent be directed to disclose their means on

affidavit for satisfying the decree of the Applicant under

execution as per Section 51 of the Code of Civil Procedure;

(e) That pending the hearing and final disposal of the Interim

Application the order of injunction restraining the Respondent

their servants and agents or any persons claiming through them

from transferring and / or creating any third party rights on the

properties disclosed by the Respondent on affidavit as prayed in

the prayer clause (b) above;

(f) Pending the hearing and final disposal of this Interim

Application the Court Receiver High Court Mumbai be

appointed as a Receiver on the properties disclosed by the

Respondent as prayed for in prayer clause (b) above;

(g) That the Respondent be arrested and detained in civil prison as

per the provisions of the section 51 of the Code of Civil

Procedure;

(h) This Hon’ble Court be pleased to issue precept under section 46

of the Code of Civil Procedure 1908 attaching the properties

belonging to Respondent and disclosed by the Respondent under

Order XXI Rule 41 of Code of Civil Procedure and which are

not within the jurisdiction of this Hon'ble Court.

(i) The properties and salary of the Respondent be attached and

the Applicant be allowed to recover their dues from the same by

issuing Warrant for Sale under Order XXI Rule 64 of the Code

Ganesh Lokhande page 2 of 4

14-EXA(L)-18623-2022.doc

of Civil Procedure 1908 thereof;

(j) The Respondent be arrested and detained in the civil prison

after issuing show cause notice as per the provisions of Order

XXI rule 37 as the decree for payment of money of plaintiff is

not satisfied by the Respondent;

(k) The judgment Debtors Respondent be arrested by issuing a

Warrant for arrest as per the provision of Order XXI Rule 37

Sub-Rule 2 of the Code of Civil Procedure;

(l)

The judgment debtor be arrested and shall be brought before the

Hon’ble Court as per the Order 21 Rule 38 of the Code of Civil

Procedure;”

2.

The learned counsel appearing on behalf of the Applicant

brought to my attention the affidavit of service dated 10^th October, 2022

in which it is stated that service has been duly accepted and confirmed

by the Respondent, as more particularly set out in the said affidavit.

After perusing the affidavit, I am satisfied that th