4.3-CARBP-545-21-connected.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

COMMERCIAL ARBITRATION PETITION NO. 545 OF 2021

SUSHIL BHUWALKA

.. PETITIONER

VERSUS

MR. AMAN ARYA

.. RESPONDENT

Mr. Ankit Lohia a/w Dimple Vora i/b Markand Gandhi & Co for

petitioner.

Nidhi Singh i/b K.V. Legal for Respondent.

CORAM :- B.P.COLABAWALLA, J.

DATE :- 21^st DECEMBER, 2021.

P. C.:

1.

The above Arbitration Petition is filed under Section 9 of

The Arbitration and Conciliation Act, 1996 (for short “the Arbitration

Act”) seeking the following reliefs:-

a

“ this Hon’ble High Court be pleased to pass an order and direction

calling upon the Respondent to forthwith disclose on affidavit before

this Hon’ble High Court, the complete particulars, including the

location and valuation of each and every asset and property, whether

movable or not, held by him, as also the details of all such assets,

monies, bank deposit and accounts held by him, singly or jointly

(with any person or entity) and/or severally and to further disclose

on affidavit, before this Hon’ble High Court, the details of all

transactions entered into by the Respondent including assets and

Ganesh Lokhande 1/7

GANESH

SUBHASH

LOKHANDE

Digitally signed by

GANESH SUBHASH

LOKHANDE

Date: 2021.12.22

19:04:52 +0530

4.3-CARBP-545-21-connected.odt

cash transfers in the last 2(two) year prior to the filing of the present

Petition;

b

Pending the hearing and final outcome of the Arbitration, this

Hon’ble High Court be pleased to pass an order of injunction

restraining the Respondent and/or his representatives, agents or

any other person claiming through or by the Respondent from

dealing with his personal assets, movable and immovable, monies,

investments including shares, mutual funds, SIPs, bank accounts

and deposits wherever situated and from encumbering, selling,

transferring or creating any third party interest by parting with

possession of the assets disclosed by the Respondent;

c

this Hon’ble High Court be pleased to appoint the Court Receiver,

High Court as the receiver of the assets and properties as may be

disclosed by the Respondent on Affidavit with all powers in law,

including the power to take possession thereof, and if required to

take forcible physical possession of such properties from the

Respondent and/or any person found in possession or occupation

thereof by directing to take possession, and if necessary, with the

help of the Police;”

2.

By the Order dated 28th October, 2021, this Court had

granted ad-interim reliefs in prayer Clause (a) and (b) except the

bracketed portion which reads as under:

a

“ this Hon’ble High Court be pleased to pass an order and

direction calling upon the Respondent to forthwith disclose on

affidavit before this Hon’ble High Court, the complete

particulars, including the location and valuation of each and

every asset and property, whether movable or not, held by

him, as also the details of all such assets, monies, bank

deposit and accounts held by him, singly or jointly (with any

person or entity) and/or severally and to further disclose on

Ganesh Lokhande 2/7

4.3-CARBP-545-21-connected.odt

affidavit, before this Hon’ble High Court, the details of all

transactions entered into by the Respondent including assets

and cash transfers in the last 2(two) year prior to the filing of

the present Petition;

b

Pending the hearing and final outcome of the Arbitration,

this Hon’ble High Court be pleased to pass an order of

injunction restraining the Re