Abhyudaya Co-Op. Bank Ltd vs Mr. Harish K. Chandok And 2 Ors.And ...
2021 Latest Caselaw 5640 Bom

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

           CHAMBER SUMMONS NO. 967 OF 2014
                                IN
         EXECUTION APPLICATION NO. 161 OF 2014


         M/s. M.K. Marketing                                         ... Applicant.

                  In the matter between :

         Abhyudaya Co-op. Bank Ltd.                                  ... Disputant.

                                       V/s.

         Mr. Harish K. Chandok & 2 Ors.                              ... Respondents.
                                     ---

         Mr. Bhawin Gada, Advocate a/w. Ms. Najafiya i/by
         Harakhchand & Co. for the Claimant.
         Mr. Ashish Kanojia, Advocate i/by PRS Legal for
         Disputant.
                                     ---

                                              CORAM : R. I. CHAGLA, J.

DATE : MARCH 25, 2021.

PC :

1 Heard learned Advocates for the parties.

2 Learned Advocate for the Applicant states that the Chamber Summons was filed way back on 25th August, 2014. The Chamber Summons sought for raising of the attachment levied on Industrial Unit No. 2106/5, Brijwasi Industrial Estate, I. B. Patel Road,

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Goregaon (E), Mumbai-400 063; pursuant to the warrant of attachment dated 19th March, 2014 issued under Order 21 Rule 64 of the Code of Civil Procedure 1908. He submits that the said property belongs to the Applicant which is a partnership firm and the property has been wrongly attached under the Execution Proceedings. He refers to Order dated 27 th February, 2019 passed in the Chamber Summons by this court (Coram : K. R. Shriram, J.) by which the Applicant was directed to lead evidence to the effect that the said property belongs to the Applicant and the judgment debtor has nothing to do with the said property. The affidavit of documents were also filed and the inspection of those documents was given and the judgment debtor was to give a statement of admission and denial and reasons for the denial. He states that the affidavit of evidence has been filed together with the affidavit of documents and this court by order dated 4th February, 2020 has recorded no further examination- in-chief of witness Mr.Sachin Chandak. Thereafter, the documents have not been able to be marked due to the judgment creditor failing to give statement of the admission and denial with reasons for the denial. He states that till today the statement of admission and denial has not been given by the judgment creditors.

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         3                 Learned Advocate appearing for the judgment
         creditor applies for one week's time                           to give the
         statement            of admission and denial, as and by way of
         last chance.


         4                 Considering        that the examination of the

witness has not proceeded with since 4 th February, 2020, the judgment-creditor is as and by way of last chance, given a period of one week to file the statement of admission and denial with reasons for the denial, as directed by this court on 27th February, 2019.

5 The Chamber Summons is adjourned to 6 th April, 2021.

( R. I. CHAGLA, J.)

.....

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