The Bombay High Court has deprecated the conduct of a litigant who joined a video-conferencing hearing while lying on a bed without wearing clothes, observing that parties cannot be exhibited in such a manner before the Court while seeking exemption from personal appearance. The Court directed the litigant to leave the video conference and directed that on the next date, he must either remain personally present or place appropriate medical documents on record if he was medically advised not to travel.

Justice Gauri Godse was hearing a chamber summons filed in execution proceedings initiated by Tata Capital Housing Finance Limited against Heera Construction Company Private Limited and others.

The Court was informed that respondent no. 2 had sought exemption from personal appearance on the ground of ill health and medical advice against travelling. However, despite seeking exemption, he joined the hearing through video conference.

The Court noted that respondent no. 2 was seen lying on a bed without wearing clothes and deprecated his conduct. His counsel tendered an apology, following which the Court directed him to leave the video conference.

“… the person seen joining as respondent no. 2 was lying down on a bed without wearing clothes. This conduct must be deprecated. The person is therefore directed to leave the VC… The parties cannot be exhibited in such a manner before the court for seeking exemption from personal appearance,” the Court remarked.

Although the application for exemption was not supported by an adequate and appropriate medical certificate, the Court exempted respondent no. 2 from personal appearance for that day. It clarified that, on the next date, he must either remain personally present or place appropriate medical documents on record if he was medically advised not to travel.

The Court found that the affidavits did not make a clear and complete disclosure of all assets. In particular, the latest affidavit merely stated that no other property standing in his name was free and available for attachment and sale, rather than affirmatively disclosing all assets.

Granting a final opportunity, the Court directed respondent no. 2 to file, by October 21, 2026, an appropriate affidavit making true and correct disclosures of all assets, income tax returns, bank statements, movable and immovable properties, and receivables, supported by documents and covering the period from April 1, 2016.

The matter was listed for further hearing on October 26, 2026.

Case Title: Tata Capital Housing Finance Limited v. Heera Construction Company Private Limited [Chamber Summons No. 1411 of 2018 in Commercial Execution Application No. 160 of 2019]