1 APP1140/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.1140 OF 2010 IN NOTICE OF MOTION NO. OF 2010 IN SUIT (L) NO.3124 OF 2010 B.M. Financial Services (India) Pvt.Ltd. And ors. ...Appellants v/s ICICI Bank Ltd. Provident Fund and others ...Respondents Nos.1 to 23 v/s Mr Vipul Desai and ors. ...Respondents Nos.24to27 Mr P.K. Dhakephalkar, Sr.Counsel with Mr S.S. Purohit, Mr M. Joshi and Mr G. Shah i/b M/s Vimadalal and Co. for Appellants. Mr Ravi Kadam, Advocate General with Mr Birendra Saraf, Mr Vikram Trivedi, Mr F. Sayyad and Mr M. 2 APP1140/10 Bhojwani i/b M/s M.K. Ambalal and Co. for Respondent Nos.1 to 23. Mr H.F. Noronha for Respondent Nos.24, 25 and 27. Mr Amit Surve i/b M/s Khaitan and Jaykar for Respondent No.26. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 24TH JANUARY 2011. P.C. :- 1] Admit. Heard finally by consent of the parties. 2] By this appeal, the appellants challenge the order dated 29 th October 2010 passed by the learned Single Judge. It is an ad-interim order. The only part of the order against which grievance is made by the appellants before us is the order by which the defendant Nos.5 to 9 have been directed to file their affidavit disclosing their properties. In our opinion, as the motion is yet to be heard, it will be appropriate to modify the order by directing the defendant Nos.5 to 9 to disclose their 3 APP1140/10 properties on affidavit and file that affidavit in a sealed cover with the Court. It will not be necessary for them to deliver copy of that affidavit to the other parties. The Court may make appropriate order at the time of finally disposing of the motion in relation to either disclosure or non-disclosure of the affidavit that the appellants  defendants have to file. It is clarified that it is nobody s case that at present defendant Nos.5 to 9 have to disc lose source of money for buying the properties that they will be disclosing. The defendant Nos.5 to 9 are permitted to file affidavit in reply as also affidavit pursuant to this order within a period of two weeks from today. Appeal is disposed off. Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )