Mstc Limited v. Space Mercantile Company Private Limited

pvr 90chs-121-14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.121 OF 2014 IN EXECUTION APPLICATION (L)NO.1503 OF 2013 M/s.MSTC Ltd.

...Applicant In the matter between MSTC Limited.

...Applicant vs M/s.Space Mercantile Company Pvt.Ltd.

...Respondent

----- Ms.Isha Bafna with Priyank Daga i/b. Jayakar & Partners, for the Applicant. Mr.Satish S.Raut, for the Respondent.

----- CORAM :

G.S. KULKARNI, J.

DATE :

4 February 2020 P. C.

1.

Heard learned Counsel for the applicant and learned Counsel for the respondent. The following prayers are made in the chamber summons:- (a) this Hon'ble Court be pleased to pass an order directing the Respondents to disclose on oath their encumbered and unencumbered properties/assets both movable and immovable. (b) this Hon'ble Court be pleased to pass an order directing the respondents to give the Applicants an unconditional Bank Guarantee;"

2.

Having perused the affidavit in support of the chamber summons, it would be appropriate that at this stage of the proceedings, an order is passed in terms of prayer clause (a).

pvr 90chs-121-14 3.

Chamber summons is accordingly allowed in terms of prayer clause (a). Necessary disclosure affidavit be placed on record of the present execution proceedings within four weeks from today and copies of the same be served on the applicant.

4.

All other contentions of the applicant including right to pursue prayers as made in prayer clause (b) are expressly kept open. 5.

Disposed of in the above terms. No costs.

[G.S. KULKARNI, J.]