- 1 - 19.arbp.8.2011 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITION NO.8 OF 2011 TATA Capital Ltd. ..Petitioner -Versus- Nanesh Foods Ltd & Ors. (Formerly known as Samta Foods Ltd.) ..Respondents .......... Mr.Simil Purohit a/w. Ms.Rhia Marshall i/b Wadia Ghandy & Co. for the Petitioner. None for the Respondents. .......... CORAM : S.J. VAZIFDAR, J. DATE : 18TH AUGUST 2011. P.C. 1 The respondents are absent though the matter is called out twice. By an order dated 13th October 2010, ad-interim order in terms of prayers (a) and (e) were granted. 2 By a further order dated 25th July 2011, the respondents were directed to disclose their assets on affidavit to be filed before 12th August 2011. The respondents have however failed and neglected to file the affidavit to date. - 2 - 19.arbp.8.2011 3 In the circumstances and for the reasons stated in the earlier order, the petition is disposed of by the following order : (i) The respondents shall disclose their assets both movable and immovable, on affidavit to be filed on or before 5th September 2011. A copy of the affidavit shall be served on the petitioner’s advocate on or before 6th September 2011. (ii) The petition is made absolute in terms of prayer (d) except the words bracketed in red. (iii) Till the Court Receiver takes possession, order in terms of prayer (e) except the words bracketed in red. The Court Receiver shall however appoint the respondents as his agents without security or royalty at this stage. The injunction in terms of prayer (e) shall however operate in respect of all other immovable properties of the respondents to be disclosed as aforesaid. It is clarified that this injunction shall operate even after the Court Receiver takes possession of the other properties. This order shall operate till the award is made and for a period of twelve weeks thereafter. Liberty to apply. The petition is disposed of accordingly.