Close Five Limited Formerly Known As Dallah Albaraka Investment Company Ltd. v. Estate Of Mehernoosh Khajotia

506-CHS-428-2018 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 428 OF 2018 in EXECUTION APPLICATION NO. 600 OF 2013 Close Five Limited ... Applicant Formerly known as Dallah Albaraka Investment Company Ltd.

vs.

Mrs. Zinnia Mehernoosh Khajotia & Ors.

... Respondents ..........

Mr. Kunal Dwarkadas a/w. Mr. Rajshekhar Upadhyay i/b. Dave & Girish Co. for the Applicant.

Mr. Rohan Sawant a/w. Ms. Radhika Thakkar i/b. Juris Corp for Respondent no. 2 ..........

CORAM : A.K. MENON, J.

DATE : 18th APRIL, 2018 P. C.

Mentioned. Not on board. Taken on board.

1.

Mr. Sawant tenders a reply. The same is taken on record. He opposes the application on the basis that Exhibit A to the affidavit in reply discloses name of a company which is different from the name incorporated in the cause title. 2.

Mr. Dwarkadas states that the company whose name is reflected as "Close Three Limited" is different from the applicant company in the Execution Application. I find no substance in the objection taken. Accordingly I pass the following order; (i) Chamber summons allowed in terms of prayer clause (a). (ii) Re-verification dispensed with.

( A.K. MENON, J.)