Godrej Industries Ltd vs Bhuta International And 2 Ors
2021 Latest Caselaw 2833 Bom

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION

                       CHAMBER SUMMONS NO.473 OF 2019
                                      IN
     COMMERCIAL EXECUTION APPLICATION (LODGING) NO.620 OF 2019

Godrej Industries Ltd.                        .. Applicant-Judg. Creditor
           Vs.
Bhuta International and Ors.                  .. Respondents-Judg. Debtors


Mr. Bimal Rajesekhar, with Mr. Umang Thakar, i/by Bimal Rajesekhar, for the
Applicant-Judgment Creditor.
Ms. Aditi Harsha, i/by Mr. Yashpal Jain, for the Respondents-Judg. Debtors.



                                        CORAM : A. K. MENON, J.

DATED : 11TH FEBRUARY 2021.

P.C. :

1. Mr. Rajesekhar points out that despite several orders being passed,

including those of 13th November 2019 and 18th December 2019 and despite

directing the respondent no.3 to remain present on 12 th February 2020, the

respondent no.3 has not remained present. On 12 th February 2020, as a last

chance, the respondents were directed to comply with the order dated 28 th

January 2020. The matter was then adjourned and it appears on 11 th March

2020. Since the order of 12th February 2020 had not been complied, the

respondents-judgment debtors were directed to pay costs and remain present

in court personally on 26 th March 2020. Thereafter, on account of the

ensuing lock-down, the matters were not taken up.

6-CHSCD-473-2019.doc Dixit

2. Mr. Rajesekhar states that further affidavits were filed after the matter

was heard over video conference. The record indicates that the matter was

taken up on 2nd September 2020, when time was sought and matter was

adjourned to 7th September 2020. On 7th September 2020, again it was

adjourned to 14th September 2020. On 14 th September 2020, by consent, it

was adjourned to 21st September 2020.

3. Mr. Rajshekhar submits that, in the interregnum, the affidavit dated 8 th

September 2020 has been filed; however nothing whatsoever is disclosed, on

the basis of which the applicant-judgment creditor can proceed in

attachment. The learned counsel appearing today on behalf of the

respondents states that she has no instructions.

4. In the circumstances, it is obvious that the respondents are either

avoiding compliance of earlier orders or have no assets at all. In these

circumstances, Mr. Rajesekhar's request for issuance of summons for

respondents' oral examination is justified. Accordingly, I pass the following

order :-

(i) Chamber Summons is allowed in terms of prayer clauses

(d) and (e). Registry to issue summons to respondent

nos.2 and 3 for their oral examination and produce all

records, as set out in prayer clause (e). Summons is made

returnable on 11th March 2021.

6-CHSCD-473-2019.doc Dixit

(ii) It is made clear that if the summons is not answered, the

court will be left with no alternative but to pass

appropriate orders to secure the respondents' presence.

             (iii)            S.O. to 11th March 2021.




                                                                             (A. K. MENON, J.)




           Digitally signed
           by Sneha A.
Sneha      Dixit

A. Dixit   Date:
           2021.02.11
           14:19:37 +0530





6-CHSCD-473-2019.doc
Dixit