FININ2MIN · JUDGMENT INTELLIGENCE
Arbitration & Commercial Disputes · F2J-C-3896

Atlantis Agritech Private Limited v. M/s Kendriya Bhandar and Another

A judgment-debtor's section 47 application does not stall other proceedings in aid of execution, such as an application for an affidavit of assets under Order XXI Rule 41(2), and does not exempt it from the mandatory 75% deposit under section 19 of the MSMED Act; an affidavit that gives only percentages and no amounts is not compliant.

By CA Nikhil Gupta · Reviewed against the retained judgment 2026-10-09

Finin2min two-minute summary

Atlantis Agritech, an MSME supplier, won an award of about ₹41.87 crore in principal against Kendriya Bhandar, which had not paid or made the 75% deposit and filed many challenges. The Commercial Court refused a full list of receivables. The High Court held the award-debtor's affidavit vague and its section 47 plea no reason to delay.

Court
Telangana High Court
Case
Civil Revision Petition No. 1947 of 2026
Date
2026-09-02
Bench
Moushumi Bhattacharya, Renuka Yara
Subject
Arbitration and commercial
Disposition
Civil revision allowed; fresh asset-disclosure affidavit directed
Result
The Commercial Court's order refusing disclosure of receivables was set aside and Kendriya Bhandar, the award-debtor, was directed to file a fresh Form 16A affidavit disclosing all receivables, with specific amounts due from continuing and completed projects across India, within three weeks.
Neutral citation
Not stated in retained copy
CNR
HBHC010443032026
Connected matters
None recorded
Relevant period
See facts and judgment
Read complete judgment PDFPublic court copyOfficial court portal

What happened

The petitioner, a manufacturer of agricultural machinery, is a supplier under the MSMED Act and supplied goods to respondent 1 under orders from August 2019 to June 2020. After conciliation, the Facilitation Council passed an award on 10 June 2024 for ₹41,86,98,166 in principal with interest and additional interest, ₹74,62,22,812 as on 9 December 2024. The Commercial Court at Hyderabad allowed CEP No. 29 of 2024 on 1 April 2025 and directed respondent 1 to file an affidavit in Form 16A of Appendix E of the CPC with particulars of its assets. Respondent 1 filed an affidavit of disclosure on 10 July 2025, which the petitioner said was vague, and the petitioner filed CEA No. 135 of 2025 under Order XXI Rule 41(2) for a fresh affidavit and documents. By the order of 16 June 2026 the Commercial Court refused prayer (ii), for all receivables due from various projects across India with copies of contracts, purchase orders and invoices. Annexure-2 to the affidavit listed departments, items, contract value on a back-to-back basis and a margin percentage. Respondent 1 argued that its section 47 application, filed on 25 June 2026 and numbered on 8 July 2026, was pending, that the petitioner may not be a medium enterprise, that it had disclosed assets above the award, and that it was a no-profit no-loss entity living on commissions.

Questions before the court

Why the court ruled this way

Order XXI Rule 41(2) lets the court require a judgment-debtor to file an affidavit of assets where a money decree remains unsatisfied for thirty days, and Form 16A requires particulars including debts due to the debtor (paragraphs 8 to 10). Annexure-2 gave only percentages of margin and no amounts due from the named entities, which did not satisfy the Form and explained the petitioner's second application (paragraphs 14 and 18). The award-debtor showed no statutory basis for delaying disclosure pending a section 47 application, which was filed after the disclosure application and the impugned order, and nothing stops the Commercial Court from deciding it in due course (paragraphs 19 to 21). The attempt to put disclosure on the back burner was stark given the continued resistance to depositing 75% of the awarded amount under section 19 of the MSMED Act, which Tirupati Steels v. Shubh Industrial Components says cannot be bypassed beyond permitting instalments on proof of hardship (paragraph 22). Section 19 bars a court from entertaining a challenge unless 75% has been deposited, and a section 47 application is similar to a challenge to the decree and not independent of section 19 (paragraphs 23 to 25). None of the cases cited, including Electrosteel Steel v. Ispat Carrier, addressed whether a section 47 application exempts the debtor from section 19 (paragraphs 27 and 31). The Commercial Court failed to give reasons for refusing prayer (ii) (paragraph 33).

Controlling point

The Commercial Court erred in refusing disclosure of receivables, and the section 47 application was no ground to delay.

Order and next steps

The Civil Revision Petition was allowed. The impugned order was set aside and respondent 1 was directed to file a fresh affidavit of disclosure of assets disclosing all receivables, including specific amounts due from continuing and completed projects across India, in terms of prayer (ii) of CEA No. 135 of 2025, within three weeks of receiving the order.

Practical implications

An MSME award-holder facing a defending buyer should seek a Form 16A affidavit with specific amounts of receivables, and point out that a section 47 application does not excuse the 75% deposit.

Limits of this ruling

Law and judgment source

The linked PDF is a complete public court-copy document. The official court portal is provided for independent verification; a stable judgment-specific official link was not independently established.

Source checked: 2026-10-09 · Judgment paragraphs: paragraphs 1–35 · Later case history: not verified. Verify appeals, stays and subsequent orders before reliance.

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