Talsibhai Monpara vs Shubh Enterprise And 4 Ors
2021 Latest Caselaw 5098 Bom

                                                                 35-CHSCD-80-17.doc

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

                        COMMERCIAL CHAMBER SUMMONS NO. 80 OF 2017
                                                 IN
                     COMMERCIAL EXECUTION APPLICATION NO. 50 OF 2017


                  Tulsibhai R. Monpara                         ...Applicant/
                                                               Plaintiff

                         Versus

                  M/s. Shubh Enterprise & Ors.                 ...Respondents

                                              WITH
                        COMMERCIAL CHAMBER SUMMONS NO. 81 OF 2017
                                                 IN
                     COMMERCIAL EXECUTION APPLICATION NO. 39 OF 2017


                  Bimal B. Shah                                ...Applicant/
                                                               Plaintiff

                         Versus

                  M/s. Shubh Enterprise & Ors.                 ...Respondents
Sharayu
P. Khot
                                             ----------
Digitally
signed by
                  Mr. Karl Shroff a/w Ms. Khyati Pandit i/by Dhru & Co. for the
                  Applicant.
Sharayu P.
Khot
Date:
2021.03.26
13:00:13
+0530
                  Mr. Anil D'Souza for the Respondents.
                                             ----------

                                              CORAM :         R.I. CHAGLA J

                                             DATE         :   22 March 2021




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                                               35-CHSCD-80-17.doc

ORDER :

1. Heard the learned Counsel for the parties.

2. Learned Counsel for the Applicants states that by

an order dated 12th February 2018 the learned Single Judge

(Coram: G.S. Patel, J.) had considered the above Chamber

Summons to be irregular and improper. Only the name of

Garnishee was shown and that this Court felt that it would have

probably been unnecessary for the Chamber Summons to have

been taken out since no leave is required to issue a Garnishee

Notice. Garnishee Notice issued and served will receive its own

order. The Judgment-Debtor's name has also not shown on

board and hence, the Judgment-Debtor was not present on the

date of the said order. Hence, Chamber Summons had been

adjourned.

3. Thereafter, this Chamber Summons has come up

and in the interregnum the Garnishee Notice has been issued

and served upon the Respondents in both the matters i.e.

Commercial Execution Applications No. 50 of 2017 and 39 of

2017.

35-CHSCD-80-17.doc

4. The Garnishee Notice is not before this Court. This

fact is confrmed by the learned Counsel appearing for the

Respondents. Hence, the above Chamber Summons together

with the Garnishee Notices No. 55 of 2018 and 56 of 2018 shall

be listed before this Court on 6th April 2021.

[R.I. CHAGLA J.]