M/S. Religare Finvest Ltd vs Ankita Knitwear Ltd. And Ors. And ...
2021 Latest Caselaw 14480 Bom

                                                                     26-CHS-437-14.doc

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

                               CHAMBER SUMMONS NO. 437 OF 2014
                                                   IN
                             EXECUTION APPLICATION NO. 684 OF 2011


                  M/s. Religare Finvest Limited                   ...Decree Holder/
                                                                  Org. Claimant

                          Versus

                  Ankita Knitwear Ltd & Ors.                      ...Respondents

                                                ----------
                  Mr. Akbar Rizvi a/w Ms. Sujata D. Gowalkar i/by AKS Legal
                  Consultants for the Claimant.
                                                ----------

                                                CORAM :          R.I. CHAGLA J

                                               DATE          :   5 October 2021

                  ORDER :

1. None appears for the parties.

SHARAYU PANDURANG KHOT

2. Chamber Summons is adjourned to 17th November Digitally signed by SHARAYU PANDURANG KHOT 2021.

Date:

2021.10.08 17:06:23 +0530

3. Later on, learned Counsel Mr. Rizvi appears for the

Applicant/original Claimant. He has referred to the order dated

26-CHS-437-14.doc

15th January 2020, wherein it was recorded that the Chamber

Summons had been taken out on 13th November 2013 for

raising warrant of attachment dated 30th July 2011 as well as

further attachment dated 14th November 2011 effected upon

Flat No. 302/C, 3rd Floor, Building E/18-19, Yogi Gurukripa Co-

Op.Hsg. Society, Yoginagar, Borivali (West), Mumbai - 400 091.

The said property had been equitably mortgaged in favour of

the Applicant. In view of the decretal amount awarded by the

DRT, the said property had been sold in recovery of the

decretal amount. Since the Judgment-Debtor/original

Respondents as well as the Claimant were not present on 15th

January 2020, the offce was directed to issue notice on the

Claimant and Judgment-Debtor returnable on 10th February

2020.

4. It appears from the service report that service is

awaited in respect of the Claimant and the

Judgment-Debtor/original Respondents. There appears to be

another service report also dated 24th January 2020, wherein

it shows that the notice has not been served upon the Claimant

and the Judgment-Debtor/original Respondents.

26-CHS-437-14.doc

5. Hence, Offce is directed to verify as to whether the

notice has been served on the Claimant and/or Judgment-

Debtor/original Respondents and to fle a fresh report on or

before next date.

6. In addition, learned Counsel appearing for the

Applicant in Chamber Summons No. 437 of 2014 is permitted

to serve the Respondents by hand delivery and fle an Affdavit

of Service on or before next date.

7. Chamber Summons No. 437 of 2014 in Execution

Application No. 684 of 2011 is adjourned to 17th November

2021.

[R.I. CHAGLA J.]