Sailam B.V.B.A vs M/S. Helious Jewellery ...
2021 Latest Caselaw 15249 Bom

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

                        CHAMBER SUMMONS NO.66 OF 2019
                                        IN
                     EXECUTION APPLICATION NO.1271 OF 2015
                                        IN
                         SUMMARY SUIT NO.334 OF 2012

Sailam B.V.B.A.                                  .. Applicant-Judgment Creditor
         Vs.
Helios Jewellery Pvt. Ltd. and Ors.              .. Respondents-Judg. Debtors
         And
Kailash Ashok Jogani                             .. Respondent-Garnishee


Mr. Rohan Cama, i/by Jayakar & Partners, for the Applicant-Judgment
Creditor.

Ms. Kausar Banatwala, with Ms. Gauri Sakhardande, i/by Mr. Tushar Goradia,
for the Respondents-Judgment Debtors.



                                          CORAM : A. K. MENON, J.

                                          DATE      : 25TH OCTOBER, 2021.

P.C. :

1. By this chamber summons, amongst the various reliefs, Mr. Cama seeks

issuance of notice to the respondent, who is said to be a garnishee and a

person owing a debt to the respondent no.2-judgment debtor.

2. Having heard learned counsel for the applicant-plaintiff, I am of the

view that prima facie case is made out for issuance of notice.

31-CHS-66-2019.doc Dixit

3. At this stage, learned counsel for the respondents-judgment debtors

undertakes to enter appearance and waive service of notice upon the

respondent-garnishee. Statement is accepted.

4. Accordingly, I pass the following order :-

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

(C).

(ii) Vakalatnama on behalf of the respondent-garnishee to

be filed on or before 30th October 2021.

(iii) Affidavit-in-reply, if any, to be filed on or before 15 th

November 2021.

(iv) Affidavit-in-rejoinder, if any, to be filed by 20 th

November 2021.

(v) List the Chamber Summons on 22nd November 2021.

(A.K. MENON, J.)

Digitally signed

SNEHA by SNEHA

ABHAY ABHAY DIXIT Date: 31-CHS-66-2019.doc 2021.10.25 DIXIT Dixit 16:48:27 +0530