M/S. Pushpam Exhibitors v. M/S. Sachinam Enterprises And Dhimant Navin Seth (Applicant)

CHSL.740/2015-EXA.703/2012(17) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS (L)NO. 740 OF 2015 IN EXECUTION APPLICATION NO. 703 OF 2012 Dhimant Navin Seth ...Applicant In the matter between:

M/s. Pushpam Exhibitors ...Complainant Vs.

M/s Sachinam Enterprise

...Respondent

Mr. Chandraprakash A. Shukla for the Plaintiff Mr. Rohan Cama a/w. Gobinda C. Mohanty i/b. Srikant D. Padhi for the Applicant CORAM : MRS. ROSHAN DALVI, J.

DATED : 23RD JULY, 2015 P.C. :

1.

The applicant has shown that the property which has been attached is the residential tenanted flat initially of the grandfather of the partner of the judgment debtor whose property was sought to be attached. Grandfather has expired. His father is stated to be 91 years old. Hence the father of the applicant and thereafter the applicant would be the tenant. The tenanted residential property cannot be attached in execution of any decree or award. Consequently the attachment of flat No.15 in Ganga Vihar at 55 Marine Drive, Bombay 400 020 is raised.

CHSL.740/2015-EXA.703/2012(17) 2.

The chamber summons is disposed off accordingly. (ROSHAN DALVI, J.)