Nirmala Satramdas Lalwani v. M/S M. A. Developers And 4 ORS

chs 138 of 2017 (924).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.138 OF 2017 IN SUIT NO.1123 OF 2015 Nirmala Satramdas Lalwani ...

Applicant/Plaintiff versus M/s. M.A.Developers and Ors.

...

Defendants Mr. Sahil Mahajan, for Applicant.

None for Defendants.

CORAM: S.J. KATHAWALLA, J.

DATE: 21 th MARCH, 2017 P.C.:

1.

The above Chamber Summons is taken out by the Plaintiff against the Defendants seeking reliefs as provided under Order XXI Rule 41 Sub Rule (2) of the Code of Civil Procedure, 1908. The Chamber Summons is served on Defendant Nos.1 to 3. However, none appear for the Defendants. For reasons set out in the Affidavit in support of the Chamber Summons, the Chamber Summons is allowed in terms of prayer clauses (a) and (b) which are reproduced hereunder : "(a)that this Hon'ble Court be pleased to direct the Defendants/Judgment Debtors herein to file Affidavit stating the particulars of all their assets (movable and immovable) as provided in Order XXI Rule 41 Sub Rule (2) of the Code of Civil Procedure; ssp 1/2

chs 138 of 2017 (924).sxw (b)in case of disobedience of order by Defendants/Judgment Debtors, this Hon'ble Court be pleased to pass necessary orders as provided in Order XXI Rule 41 Sub Rule (3) of the Code of Civil Procedure inter alia detaining the Defendants / Judgment Debtors in the civil prison"

2.

The Defendant Nos.1 to 3 shall file their Affidavit stating the particulars of all their assets (movable and immovable) within a period of two weeks from today. A copy of this order shall be forthwith served by hand delivery on Defendant Nos.1 to 3. Stand over to 04-04-2017. ( S.J.KATHAWALLA, J. ) ssp 2/2