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Bombay High Court

HEMENDRA PRANJIVAN BOSMIYAversusINDERKUMAR GUPTA

Decided
Disposal
Disposed Off

Holding

The executing court is empowered under Order XXI Rule 41 of the CPC to order full asset disclosure, and the petition is dismissed.

Summary

The petitioners challenged a Civil Judge's order directing them to disclose all movable and immovable assets for execution of a 2019 arbitration award. They argued that the execution petition was untenable due to orders of the NCLT in insolvency proceedings and that their objections should have been considered, especially after their earlier writ petition (WP No.10837/2025) was dismissed. The Court held that the executing court was correctly exercising its jurisdiction under Order XXI Rule 41 of the Code of Civil Procedure to require an affidavit of assets, and that the dismissal of the earlier writ removed any basis to contest the current order. Consequently, the petition was dismissed. The judgment reaffirmed the executing court's power to ensure compliance with asset‑disclosure orders in money recovery decrees.

Issues considered

  • Whether the executing court has jurisdiction to direct the judgment debtor to make a full asset disclosure under Order XXI Rule 41 of the CPC in execution of an arbitration award.
  • Whether the dismissal of the earlier writ petition (WP No.10837/2025) precludes further challenge to the asset‑disclosure order.
  • Whether pending insolvency proceedings before the NCLT affect the enforceability of the arbitration award.

Legislation cited

Subjects

  • arbitration award execution
  • asset disclosure
  • CPC Order XXI Rule 41
  • insolvency proceedings
  • jurisdiction
  • writ petition

Judgment

2026:BHC-AS:36310

                                                                            1 wp 9876 of 2026.doc

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO.9876 OF 2026

            Hemendra Pranjivan Bosmiya and Ors.                  ...   Petitioners
                  versus
            Inderkumar Gupta                                     …     Respondent

            Mr. Ashok Kumar Upadhyay i/by M/s. A.R.Upadhyay and Co., for Petitioners.
            Ms. Aditi Bhatt with Mr. Nihal Lakhan, Mr. Omkar Kanegaonkar i/by Mr. Omkar
            Kanegaonkar for Respondent.

                                CORAM:      N.J.JAMADAR, J.

                                DATE :      1 SEPTEMBER 2026

            P.C.

            1.      Heard the learned Counsel for the parties.

            2.      This Petition assails the order passed by the learned Civil Judge in

            R.D.No.2779 of 2019 which is filed to execute the arbitration award

            purportedly passed by consent, on 29 September 2019. By the impugned

            order, the executing Court has directed the Petitioners to disclose the

            information of their movable and immovable properties, including the bank

            accounts, stock holding, etc., in compliance of an earlier order dated 1 July

            2025 passed on applications (Exh.26 to 29).

            3.      The learned Judge has recorded that though, in compliance with the

            earlier orders, the judgment debtors have produced documents, yet, it

            appeared that the judgment debtors have not made a complete disclosure. It

            was, therefore, necessary to direct the judgment debtors to comply with the


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said order by making true and full disclosure on oath.

4.    Learned Counsel for the Petitioners submitted that, the very tenability of

the execution Petition is in question, in view of the orders passed by the NCLT

in Insolvency Resolution proceedings.     Learned Counsel further submitted

that the Petitioner had challenged the earlier order dated 1 July 2025 before

this Court in WP No.10837 of 2025, which came to be dismissed by an order

dated 12 August 2025 recording, inter alia, that the Petitioners would be

entitled to raise the objections sought to be raised in the Writ Petition by

adopting the proceedings as permissible in law before the executing Court. In

the impugned order, the learned Civil Judge has not at all adverted to the

objections raised by the Petitioners.

5.    The aforesaid submissions do not merit consideration. The impugned

order makes it abundantly clear that, in compliance with the earlier order, the

judgment debtor Nos.1 to 4 did produce the documents.            However, the

disclosures made by the Petitioners did not appear to be full and correct.

Thus, to ensure compliance of the earlier order, the executing Court was

constrained to pass the impugned order.

6.    The jurisdictional competence of the executing Court to pass such an

order can hardly be questioned as under the provisions of Order XXI Rule 41

of the Code of Civil Procedure, 1908, the executing Court is empowered to

direct the judgment debtor to make an affidavit stating the particulars of the


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                      assets of the judgment debtor, where a decree is for recovery of money.

                      Since Writ Petition No.10837 of 2025 which assails the principal order dated 1

                      July 2025 came to be dismissed, the challenge to the impugned order which

                      is essentially passed to ensure compliance of the first order, is devoid of

                      substance.

                      7.       The Writ Petition, thus, stands dismissed.




                                                                            ( N.J.JAMADAR, J. )




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Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 03/09/2026 22:11:54


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