Kotak Mahindra Bank Ltd. v. Unisource Metals Pvt.Ltd. And 2 ORS.

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 23rd October, 2024 CALLED FOR DIRECTION:

2.CHOL/447/2024 In EXA/1348/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Ms. Rubina Khan i/b. Ms. Vaishali Padale, Advocate for the Applicant.

P. C. : 1.

The present Chamber Order is taken out by the Applicant to amend the address of Respondent No.1 in Column-'J' of the Execution Application No.1348 of 2022, as per Schedule annexed to Chamber Order.

2.

Perused Affidavit dated 29th August, 2024 annexed to the Chamber Order and the Additional Affidavit dated 18th October, 2024. The said Affidavit is signed by Authorised Signatory of the Applicant.

3.

It is stated in Affidavit in Support that the Warrant of Attachment of movable properties of the Respondent Nos.1 to 3 was issued and the Bailiff from the Office of Sheriff of Bombay could not execute the Warrant of Attachment since the Respondent Nos. 1 to 3 has left the premises. It is further stated that the Applicant had found new address of the Respondent No.1. The Applicant therefore applied for adding the new address of Respondent No.1 Column - "J" of the Execution Application as per the Schedule annexed to the Chamber Order.

4.

Heard. The Ld. Advocate for the Applicant submits that the Warrant of Attachment could not be ..2/-

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) : 2 :

Executed as the Respondents had left the premises. He further submits that the Applicant had found new address of the Respondent No.1 and the same is required to be added in Column -"J" of Execution Application. He, therefore, prays that the present Chamber Order be allowed.

5. For the reasons stated in Affidavit in Support of Chamber Order dated 29th August, 2024 and Additional Affidavit dated 18th October, 2024, the present Chamber Order is granted, and the same is signed separately.

6.

The Learned Advocate for the Applicant is directed to carry out amendment, as per Schedule annexed to the Chamber Order, within period of four weeks from the date of uploading the order. 23.10.2024 Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master