Bombay High CourtCHS/781/2017dismissed

M/S. Vip Movies v. M/S. V. R. Pictures Mumbai And Gaurang Vinod Doshi And ANR (Applicant)

2019-01-09Hon'Ble Shri Justice K.R. Shriram3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.781 OF 2017 CHAMBER SUMMONS NO.805 OF 2017 IN EXECUTION APPLLICATION NO.208 OF 2011 M/s.VIP Movies )....Petitioners V/s.

M/s.V.R.Pictures, Mumbai )....Respondents And Mr.Arvind Kumar )....Applicant WITH SHERIFF'S REPORT NO.2 OF 2019 ---- Mr.Kishore Jain I/by Mamta A.Shah for applicant. Ms.Tejal Patil I/by UBR Legal for applicant in CHS 805/2017. [Mr.Satish Chitgopekar, Dy.Sheriff present].

---- CORAM : K.R.SHRIRAM,J DATE : 9.1.2019 P.C.:- (A) CHAMBER SUMMONS NO.805 OF 2017 1.

Mr.Jain states that this Chamber summons has been taken out by one Arvind Kumar Srivastava which is also listed on board today. Ms.Tejal Patil for the applicant instructed by UBR Legal requests the Chamber summons be taken up for hearing on 14.1.2019. Chamber summons along with Sheriff's report No.85 of 2018 be listed First on Board on 14.1.2019 after the ad-interim board is over.

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Mr.Jain states that the society was aware of the attachment order passed by this Court despite which it permitted transfer of the flat/share certificate to Mr.Srivastava. On the next date, Chairman and the Secretary of the society shall state whether they were aware of the attachment order and if they were aware how did they permit transfer of the share certificate.

Deputy Sheriff also states that when Bailiff went again on the following day to serve another report, the security person contacted the Chairman over intercom and as per the Chairman's instructions security person accepted the copy of Sheriff Report No.2 of 2019 but did not sign acknowledgment.

(B) CHAMBER SUMMONS NO.781 OF 2017 1.

None for the applicant. Chamber summons dismissed. (C) SHERIFF'S REPORT NO.2 OF 2019 Sheriff of Mumbai has placed a report dated 9.1.2019 of one Pravin V.Kajrekar, Bailiff and Clerk in which it is stated that the Chairman and Secretary, Mr.Shyamlal Agarwal and Mr.Parekh, respectively, of Vikas Vaibhav Co-op. Housing Society Ltd., refused to accept the service of Sheriff Report on behalf of the society. The presence of the society is required. Therefore, both Mr.Agarwal and

3/3 Mr.Parekh shall remain present in Court on the next date, failing which such order as required to ensure their presence will be passed. 2.

Deputy Sheriff to forward copy of this order to Shri Agarwal and Shri Parekh.

(K.R.SHRIRAM,J)