Kalpana B Shah vs Twilight Publications Pvt. Ltd. ...
2022 Latest Caselaw 436 Bom

                                                                    6 CHS 867-17.doc


         Digitally
         signed by

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         LAXMI
LAXMI    SUBHASH
SUBHASH SONTAKKE
SONTAKKE Date:
         2022.01.13

                                     ORDINARY ORIGINAL CIVIL JURISDICTION
         11:08:05
         +0530




                                    CHAMBER SUMMONS NO. 867 OF 2017
                                                   IN
                                 EXECUTION APPLICATION (L) NO. 1161 OF 2017

                      Kalpana B. Shah                                         ..Applicant
                                                                        (Decree Holder)
                               Vs.
                      Twilight Publications Pvt. Ltd. & Ors                   ..Respondents
                                                                         (Judg. Debtors)


                      Mr. Nikhil Patil with Vikrant Zunjarrao & Vibha P. i/b Zunjarrao & Co.
                      for the Decree Holder.
                      Mr. Mayur Sonawane i/b S. R. Page for the Respondent No.3.


                                                      CORAM:- B. P. COLABAWALLA,J.

DATE :- JANUARY 12, 2022.

(THROUGH VIDEO CONFERENCING)

P. C.:

1. The learned Advocate appearing on behalf of the Decree

Holder brought to my attention the order passed by this Court on 24 th

November, 2021. By the said order, the Respondents were directed to

file affidavits of disclosures within a period of two weeks from the

service of the aforesaid order upon them.

                      Laxmi                              1/3
                                                 6 CHS 867-17.doc

2. Respondent No.3 has filed the affidavit of disclosure. The

learned Advocate appearing on behalf of the Judgment Creditor has

stated that though the disclosure affidavit filed by Respondent No.3 is

not a true and full disclosure, he is not pressing for any reliefs against

Respondent No.3 today as the learned Advocate appearing on behalf of

Respondent No.3 is held up in a family emergency. He however,

submitted that though the aforesaid order dated 24 th November, 2021

has been served on Respondent No.2, no affidavit in reply has yet been

filed and none have appeared on behalf of Respondent No.2. He

therefore, submitted that suitable directions be passed against

Respondent No.2 to ensure that she complies with the directions given

by this Court on 24th November, 2021.

3. Considering the aforesaid circumstances, the Registry is

directed to issue a bailable warrant against Respondent No.2 as and by

way of cash bail of Rs. 50,000/- returnable on 8th February, 2022.

4. It is made clear, that if Respondent No.2 does not appear on

the next occasion, this Court may be constrained to issue a non bailable

warrant to secure her presence.

5. Stand over to 8th February, 2022.

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                                                    6 CHS 867-17.doc

6. The learned Advocate appearing on behalf of the Decree

Holder is directed to serve a copy of this order on Respondent No.2.

7. This order will be digitally signed by the Private

Secretary/Personal Assistant of this Court. All concerned will act on

production by fax or email of a digitally signed copy of this order.

                                           ( B. P. COLABAWALLA, J. )




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