Kotak Mahindra Prime Ltd. v. Shangrila Sales Pvt. Ltd. And Anju Chawla

1.CHSCD.399.18 in COMEX.131.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 399 OF 2018 IN COMMERCIAL EXECUTION APPLICATION NO. 131 OF 2017 Kotak Mahindra Prime Limited ...

Applicant/Orig. Claimant

Versus

Shangrila Sales Pvt. Ltd. & Anr. ... Respondents/Judgment Debtors Mr. Vishal Tambat for the Applicant.

None for the Respondents.

CORAM : R.I. CHAGLA, J.

DATED : 9th JULY, 2019.

P.C. :

This Chamber Summons is seeking police aid and protection to execute the attachment warrant against the Judgment Debtors. The learned Counsel for the Applicant relies upon the report of the Deputy Sheriff of Mumbai which mentions that upon visit to the subject premises for the purpose of execution of the warrant of attachment, the Respondent Nos.1 and 2 did not allow the Bailiff and Clerk along with the representative for the Claimant to enter the building housing the subject premises and as a result the warrant of attachment could not be executed on 28.11.2017.

Waghmare 1/2

1.CHSCD.399.18 in COMEX.131.19.doc In view of the report of the Deputy Sheriff of Mumbai dated 17.03.2018 which has revealed that the Respondents have not permitted the Bailiff and Clerk to enter the subject premises for execution of the attachment warrant, it is necessary to grant police aid and protection for execution of the attachment warrant against the Judgment Debtors. Accordingly, the Chamber Summons is made absolute in terms of prayer clause (a).

(R.I. CHAGLA, J.) Waghmare 2/2