Jagannath Genesh Hegde v. In Depth Entertaining Arts Pvt.Ltd And 2 ORS

chs738-17.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.738 OF 2017 IN SUMMARY SUIT NO.754 OF 2015 Jagannath Ganesh Hegde ...Applicant/Plaintiff vs In Depth Entertaining Arts Pvt. Ltd. And 2 Ors. ...Defendants .....

Mr. Ajay Panicker, i/b. Ajay Law Associates, for the Plaintiff/Applicant. Mr. P.D. Prasad Rao, i/b. Yogesh B. Dandekar, for Defendant No.3. ....

CORAM : S.C. GUPTE, J.

DATED : 08 FEBRUARY, 2018 P.C. :

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Heard learned Counsel for the parties. This chamber summons is taken out for execution of a decree. The Plaintiff is a decree holder holding a decree in the sum of Rs.1 crore together with interest at the rate of 18% of the principal amount against the Defendants jointly and severally. The chamber summons seeks disclosure of the details of all property held in their individual names or jointly with any other parties till the assets are realised and applied towards the decretal dues. There is some disclosure by Defendant No.3, though not in adequate measure. The disclosure indicates that Defendant No.3 jointly owns properties listed at items (a) and (d) of paragraph 4 of the Plaintiff/Applicant's affidavit in support of the chamber summons. Learned Counsel for Defendant No.3 undertakes, on instructions from his clients, not to alienate or create further third party rights in respect of items (a) and (d) of the affidavit in support of the chamber summons. Pg 1 of 2

chs738-17.doc These two items would adequately protect the Applicant's interest in execution of the decree. Accordingly, the undertaking is accepted and the chamber summons is disposed of.

( S.C. GUPTE, J. ) Pg 2 of 2