Phoenix Arc Pvt Ltd v. Anand Chandanmal Jain And Indira Anand Jain (Applicants)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.349 OF 2017 IN EXECUTION APPLICATION NO.2654 OF 2015 Phoenix Arc Pvt. Ltd.

)....Claimant V/s.

Anand Chandanmal Jain )....Respondent And Mrs.Indira Anand Jain )....Applicant ---- Ms.Achala Hatode I/by S.K.Jain & Associates for the applicant. Ms.Jyoti Sanap I/by V.Deshpande & Co. for respondent. ---- CORAM : K.R.SHRIRAM,J DATE : 23.1.2019 P.C.:- 1.

Chamber summons was lodged on 19.7.2016 and has been served on the original claimants, according to Ms.Hatode almost 2 years ago in July-2016 itself. No affidavit-in-reply has been filed opposing the application.

2.

I have also considered the affidavit-in-support and the documents annexed thereto. The documents do indicate that what is stated in the affidavit-in-support particularly in paragraph nos.4, 5 & 6 KJ

2/2 27.CHS349.17.doc are correct.

3.

Chamber summons accordingly allowed in terms of prayer clause-(a) and disposed accordingly. Prayer clause-(a) reads as under :- "(a) The attachment as levied on the Applicant's flat be raised /withdrawn and release the property wholly from attachment".

(K.R.SHRIRAM,J) KJ