Tata Capital Housing Finance Limited vs Heera Construction Company Private ...
2024 Latest Caselaw 575 Bom

Bombay High Court

Tata Capital Housing Finance Limited vs Heera Construction Company Private ... on 10 January, 2024

Author: R.I. Chagla

Bench: R.I. Chagla

                                                            21-chscd-1411-2018.doc

jsn
                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                     CHAMBER SUMMONS NO.1411 OF 2018
                                        IN
             COMM EXECUTION APPLICATION (L) NO.2759 OF 2018
       Tata Capital Housing Finance Ltd.       ...Applicant /
                                               Decree Holder

               Versus

       Heera Construction Company Private Ltd. &            ...Respondents
       Ors.
                                   ----------
       Nelly Mehta i/b.NMA Legal for the Applicant / Decree Holder.
                                        ----------

                                        CORAM : R.I. CHAGLA J.
                                        DATE  : 10TH JANUARY, 2024.
       ORDER :

1. The learned Advocate appearing for the Applicant /

Decree Holder has sought disclosure orders against Respondent Nos.2

and 3 in terms of prayer Clause (a) of the Chamber Summons. She

has submitted that Respondent No.1 is currently in Insolvency

Proceedings before the National Company Law Appellate Tribunal

("NCLAT").

2. The Respondent has been served with the Execution

Application and Chamber Summons. The Affidavits of Service dated

27th November, 2018, 4th December, 2018 and 5th December, 2018

21-chscd-1411-2018.doc

respectively show service on the Respondents / Judgment Debtors.

However, despite service, the Respondents / Judgment Debtors have

not remained present.

3. The learned Advocate appearing for the Applicant /

Decree Holder has stated that though the papers and proceedings in

the above matter are served, the Notice of today's date though

attempted to be served on the Respondent Nos.2 and 3 has not been

served.

4. The Applicant / Decree Holder shall file Affidavit of

Service prior to the next date showing service of this Order on the

Respondents / Judgment Debtors and informing them about the next

date.

5. In addition to service by speed post, the Advocate for the

Applicant / Decree Holder is at liberty to serve the Respondents

through electronic mode.

6. Accordingly, the Chamber Summons is stood over to 29th

January, 2024.

[ R.I. CHAGLA J. ]