M/S Three Circles v. U.P. Co-Op. Federation Ltd. And Nrb Bearings Ltd.

42-CHS1470-11.DOC Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1470 OF 2011 IN EXECUTION APPLICATION NO. 55 OF 2011 Three Circles ...Claimant

Versus

UP Cooperative Federation Ltd

...Respondent

And NRB Bearings Ltd ...Applicant Mr Pradeep B, with Ms Mitakshi Lakhani, i/b Wadia Ghandy & Company, for the Applicant in Chamber Summons No. 1470 of Mr S Murthy, i/b Abhishek Patil, for the Claimant.

CORAM: G.S. PATEL, J DATED:

9th July 2018 PC:- 1.

This Chamber Summons is to be allowed for the asking. It is brought by the landlord of the premises at Dhannur, Sir PM Road, Fort, Mumbai 400 021. The Applicant obtained an eviction decree from the Court of Small Causes. Clearly, the property cannot be attached or proceeded against in execution.

9th July 2018

42-CHS1470-11.DOC 2.

The Chamber Summons is made absolute in terms of prayer clause (a). The attachment in respect of the property and pursuant to the warrant dated 18th January 2011 is raised, vacated and set aside.

3.

All concerned to act on an authenticated copy of this order. (G. S. PATEL, J) 9th July 2018