Churchgate Investment And ... vs Kishore Krishna Patki And Meena ...
2021 Latest Caselaw 5102 Bom

                                                                  45-CHSCD-233-17.doc

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

                         COMMERCIAL CHAMBER SUMMONS NO. 233 OF 2017
                                                  IN
                        COMMERCIAL EXECUTION APPLICATION NO. 100 OF 2017


                   Churchgate Investments & Trading Co.          ...Applicant/
                   Pvt. Ltd.                                     Plaintiff

                          Versus

                   Kishore Krishna Patki & Anr.                  ...Defendants/
                                                                 Respondents

                                               ----------
                   Mr. Gaurav Jangle a/w Mr. Yash Pitroda i/by I.V. Merchant &
                   Co. for the Applicant.
                   None for the Respondents.
                                               ----------

                                                CORAM :         R.I. CHAGLA J

                                               DATE         :   22 March 2021

                   ORDER :

Waishali S.

Waghmare 1. Heard the learned Counsel for the Applicant. Digitally signed by Waishali S.

Waghmare Date:

2021.03.30 11:29:22 +0530

2. Learned Counsel for the Applicant states that the

Defendants/Judgment-Debtors had been served with the

Chamber Summons and further Affdavit in Support of the

Execution Application. The Respondents were served on 3rd

45-CHSCD-233-17.doc

November 2017 vide letter dated 31st October 2017 and the

R.P.A.D. receipts and the computer printouts of the delivery

report generated from the website of India Post showing the

delivery of the consignments upon the advocates of the

Defendants have been annexed to the said Affdavit of Service

of Chamber Summons dated 7th November 2017. Thus, the

service has been effected.

3. Learned Counsel for the Applicant has at this stage,

prayed for ad-interim order in terms of prayer clause (b) which

reads thus:-

"(b) That the Defendants abovenamed be required by an order of this Hon'ble Court to fle their Affdavits stating particulars of their properties in their possession and/or in possession of their licensee and/or from any other person claiming by or under the Judgment Debtor/Defendants etc., as provided under Order XXI Rule 41 of the Code of Civil Procedure, 1908 since the Decree dated 25th February, 2016 passed by this Hon'ble Court has remained unsatisfed for more than 30 days from the date of its passing."

45-CHSCD-233-17.doc

4. Considering that the Respondents have been served

with this Chamber Summons and the Affdavit in Support of the

Chamber Summons, as evidenced by the Affdavit of Service

dated 7th November 2017 and inspite of which they have failed

to make appearances before this Court, it would be appropriate

to grant ad-interim relief in terms of prayer clause (b). Hence,

the following order:-

(i) Ad-interim relief in terms of prayer clause (b) is

granted.

(ii) The Applicant is directed to serve a copy of this order

along with notice of the next date to the

Defendants/Judgment-Debtors within a period of one

week from the date of this order.

(iii) The Chamber Summons is adjourned to 19th April

2021.

[R.I. CHAGLA J.]