L And T Finance Limited v. Mr. Tapan Kumar Digar And ANR.

spb/ 927chs840-13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 840 OF 2013 IN EXECUTION APPLICATION NO. 176 OF 2015 IN ARBITRATION NO. 596 OF 2012 L & T Finance Ltd., ... Applicant.

In the matter between - L & T Finance Ltd., ... Plaintiffs V/s.

Mr. Tapan Kumar Digar & Anr.

... Defendants.

--- Ms. Nikita Pawar, Advocate, a/w. Jalpa Pithadia i/by S.I. Joshi & Co. for the Applicant / Plaintiffs.

--- CORAM : RIYAZ I. CHAGLA J.

DATE : APRIL 12, 2018 P.C.

Learned counsel for the Applicant states that Defendant Nos.1 and 2 have been served with Advocate's notice along with Execution application, Chamber Summons with supporting documents thereof. She is applying for order in terms of prayer clauses (b) and (g) of the Chamber Summons. I have perused the affidavit of service. I am satisfied that the Defendants have been duly served with the proceedings. I have also perused the prayer clauses (b) and (g) of the Chamber Summons, which seek order against Defendant no.1 of filing the Borey 1/2

spb/ 927chs840-13.odt affidavit, stating the particulars of his properties etc. under Order XXI, Rule 41 of the Code of Civil Procedure,1908. Prayer clause (g) seeks a further direction against the Defendants to disclose their names on affidavit for satisfying the decree. I am satisfied that in the circumstances, it is necessary to pass order in terms of prayers (b) and (g) of the Chambers Summons, as prayed for. Accordingly, order in terms of prayer clauses (b) and (g) of the Chamber Summons.

Chamber Summons is adjourned to 05.06.2018.

(RIYAZ I. CHAGLA J.) .....

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