AMI TECH INDIA PRIVATE LIMITED AND ANOTHERversusSRIDHAR MUNUSWAMY

                                                         22 AO-912-2023.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIVIL APPELLATE JURISDICTION

                   APPEAL FROM ORDER NO. 912 OF 2023

Ami Tech India Private Limited & Another                ...Appellants
          Versus
Sridhar Munuswamy                                       ...Respondent

                               ——————
Mr. Pankaj Vijayan i/b Intralegal for Respondent.
Mr. Siddhesh Bhole, Mr. Ashwin Pimpale i/b SSB Legal and Advisory for
Appellants.
                               ——————

                             CORAM : SHARMILA U. DESHMUKH, J.
                             DATE    : 2nd July, 2026


P. C. :

1.        The Appeal against the order dated 18 th September, 2023 to the

extent of direction to the Defendants to disclose the movable and

immovable property.

2.        After hearing learned counsel for parties for some time, learned

counsel for the original Plaintiff, on instructions, submit that directions

of disclosure may be quashed and set aside with liberty to the Plaintiff

to file appropriate application afresh.

3.        Learned counsel appearing for Defendant submits that as the

Trial Court has rejected the application under Order XXXVIII, Rule 5 of

Code of Civil Procedure, 1908 which has not been challenged and has


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attained finality, any fresh application would be hit by principles of res

judicata.

4.       Learned counsel appearing for the original Plaintiff has given his

consent for quashing and setting aside the direction issued to the

Defendants to disclose their movable and immovable property. In light

of the consent given by learned counsel appearing for the original

Plaintiff to quash and set aside the directions of disclosure, by which

the learned counsel for the Appellant was aggrieved and present

Appeal has been filed, in my view, the Appeal from Order can be

disposed of by quashing the directions of disclosure of movable and

immovable property contained in the impugned order of 18 th

September, 2023.

5.       Learned counsel appearing for Defendants would further point

out that though all other prayers were rejected except prayer clause

(d) as regards the disclosure of movable and immovable assets, the

impugned order records that Notice of Motion is partly allowed in

terms of prayer clauses (b) and (d).

6.       As it was the only direction of disclosure, granted by Trial Court,

it is evident that only prayer clause (d) was granted. As the said

direction is also quashed and set aside, the Notice of Motion stands

dismissed in its entirety.

7.       It is open for the Plaintiff to initiate fresh proceedings in event,


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the same is permissible in law. The Defendants are at liberty to raise all

contentions as are available to them.

8.       In view of above, nothing survives for consideration in pending

applications, if any, and the same stand disposed of.




                                      [SHARMILA U. DESHMUKH, J.]




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