Nilay Enterprises and ors. ... Respondents Mr. Arsh Misra with Ms. Khushboo Agarwal, Advocates for the Applicant. Ms. Radhika Kulkarni i/by M/s Dave & Co., Advocate for the Respondents. CORAM : ABHAY AHUJA, J. DATE : 15 APRIL, 2024. P.C. : 1. This Interim Application seeks execution of MSME award dated 30 th June, 2023 for Rs.1,45,70,071/ with interest. 2. Mr. Arsh Misra, learned counsel appears for the Applicant and submits that although the decretal amount is Rs.1,45,70,071/, however, as per section 16 of the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006, interest at the rate of three times the bank rate per month in addition to the above amount is also payable to the Applicant. Learned counsel submits that recently the Applicant has learnt that one of the properties mentioned in the schedule to the Priya R. Soparkar 1 of 3 ::: Uploaded on 15/04/2024 ::: Downloaded on 16/04/2024 22:52:21 ::: 2 930 ial 976824 in comexl 915324os.doc Execution Application has already been disposed of and seeks to tender across the Bar, copy of Agreement for Sale dated 24 th June, 2023 in respect of the property at Serial No.1 in the schedule to the Execution Application viz. 9B, 302, Arundaya Cooperative Housing Society Limited, Tilak Nagar, Chembur, Mumbai 400089. 3. Learned counsel submits that the Applicant apprehends that the other properties mentioned in the schedule would be disposed of in the same manner and therefore, this Court grant injunction. Learned counsel also seeks disclosure in terms of prayer clause (f) to the Interim Application which reads thus : "(f) Pending the hearing and final disposal of the Execution Application, the Respondents/Judgment Debtors by themselves or their servants, agents, officers or any person or persons claiming by, through or under them may please be restrained by an order of injunction of this Hon'ble Court from dealing with, disposing off, selling, alienating, encumbering, creating third party right and/or giving their movable as well as immovable assets as set out in the schedule to Execution Application as well as properties to be disclosed pursuant to prayer clause (a) above to any third party." 4. Ms. Radhika Kulkarni, learned counsel appears for the Respondents and seeks some time in the matter submitting that she has instructions to undertake that the Respondents will not to in any manner deal with or Priya R. Soparkar 2 of 3 ::: Uploaded on 15/04/2024 ::: Downloaded on 16/04/2024 22:52:21 ::: 3 930 ial 976824 in comexl 915324os.doc dispose of the properties mentioned in the schedule to the Execution Application and that as far as the property at Serial No.1 in the schedule is concerned, she would take proper and specific instructions. The statement made on behalf of the Respondents is accepted as an undertaking to the Court. 5. Having heard the learned counsel and having perused the proceedings, this Court also deems it appropriate to grant relief in terms of prayer clause (f). 6. Let the disclosures on oath be made by the Respondents in terms of the above prayer within a period of four weeks. 7. Let instructions also be taken/reply be filed on behalf of the Respondents within a period of four weeks with a copy to the other side. Rejoinder, if any, be filed by the next date with a copy to the other side. 8. List on 12th June, 2024. (ABHAY AHUJA, J.) Priya R. Soparkar 3 of 3 ::: Uploaded on 15/04/2024 ::: Downloaded on 16/04/2024 22:5