Y.T Entertainment Ltd vs One More Thought Entertainment ...
2021 Latest Caselaw 13489 Bom

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


                                           CHAMBER SUMMONS NO.291 OF 2017
                                                           IN
                              COMMERCIAL EXECUTION APPLICATION NO.5 OF 2015


                    M/s. Swati Vinayaka Real
                    Estate Development Pvt.Ltd. & Anr.                  .. Applicants
                    In the matter between
                    M/s. Y.T. Entertainment Ltd.            .. Applicant/Org. Decree-holder
                             v/s.
                    One More Thought Entertainment
                    Pvt. Ltd. &Ors.                                     .. Respondents
                             And
                    M/s. Swati Vinayaka Real
                    Estate Development Pvt.Ltd. & Anr.                  .. Applicants



                    Ms. Jinal Vani i/b. M/s. Jhangiani, Narula & Associates for the
                    claimant/Org. Decree-holder.

                    Mr. Ashok Saraogi for the judgment debtor.


                                                            CORAM : A. K. MENON, J.

DATED : 20TH SEPTEMBER 2021. P.C. :

1. This Chamber Summons seeks to raise the attachment in respect

of the premises described in prayer clause (a) to this Chamber Digitally signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA

WADHWA Date:

2021.09.20 14:20:04 +0530

48.chscd-291-17.doc wadhwa Summons and forming part of schedule of attached property in

the Warrant of Attachment. The document in support of the

Chamber Summons appears at "Exhibit-1" but that does not

disclose the name of the applicant as the owner of the property

even assuming the document is of title. Mr. Saraogi states that in

an affidavit in rejoinder dated 6 th September, 2018, a copy of the

title deed which establishes title of the applicant has been filed.

The rejoinder is not on record.

2. Registry is directed to place the rejoinder on record.

3. In the meantime, on behalf of the judgment creditor, the learned

counsel submits that no inspection has been offered of the

document under which the applicant claims. Mr. Saraogi is

willing to offer inspection during the course of the day.

4. Accordingly, liberty is granted to the applicant in the Execution

Application to file an additional affidavit, if so advised, after

taking inspection.

5. Such additional affidavit to be filed within two weeks from today.

6. Liberty to circulate the matter after additional affidavit is filed.

(A. K. MENON, J.)

48.chscd-291-17.doc wadhwa