Interim Order 1

Order Details: Notice of Motion
Pdf Text: N/m No. 4274/18 in Suit No. 1842/18. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 4274 OF 2018
(CNR NO. MHCC010142142018)
IN
SUIT NO. 1842 OF 2018
(CNR NO. MHCC010032712018)
Rajendra K. Goradia ...Plaintiff
Versus
M/s. Baby Shop and Others ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 29th JULY, 2019.
Ms. Poonam Sharma, Advocate for Plaintiff.
None for Defendants.
ORAL ORDER
This is a motion taken out by plaintiff under Order 38 Rule
5 of CPC for attachment of the properties i.e.
a) All movable goods lying in a shop premises i.e. M/s. Baby
Shop, Opposite Railway Station, Kottayam.
b) Flat No.9B, PPD, Kurvankunam Junction, Trivendrum.
c) Open Plot 3817/3 at Village Kavadiyar.
2. Ld. Advocate Poonam Sharma for plaintiff argued at length
that in view of the roznama dated 05/03/2018 suit is proceeded ex
parte against defendant no.1 and 2. It is requested to peruse letter of
agent namely Bharat Mehta and postal endorsement on two envelopes
endorsed by the postman. As mentioned in the letter by Bharat Mehta,
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N/m No. 4274/18 in Suit No. 1842/18. 2 Order.
defendants 1 to 3 are indebted due to various loan in market and they
may abscond at any time. It is claimed for attachment of aforesaid
properties.
3. It is to note that there is no supportive affidavit of agent
Bharat Mehta. It is to note that the document in respect of title about
aforesaid plot is a photocopy. There is no document in respect of the
flat no.9B is owned and possessed by defendants no.2 and 3. On
perusal of endorsement of postal department on summons sent by
RPAD, it bears memo i.e. addressee left. It is not clarified by plaintiff
that whether the Baby Shop is still in possession of defendants 1 to 3.
4. Plaintiff has exclusively relied on a letter addressed by
agent Mr. Bharat Mehta. There is no sufficient ground shown by the
plaintiff to satisfy that the property may be sold or removed by the
defendants. In short, motion deserves to be rejected. Hence the order :
ORDER
1. Notice of Motion No. 4274/2018 stands rejected.
2. N/m No. 4274/18 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 29/07/2019. Mumbai.
1. Dictated on : 29/07/2019.
2. Transcribed on : 30/07/2019.
3. Signed on : 31/07/2019.
4. Delivered to Certified :
Copy Section on
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N/m No. 4274/18 in Suit No. 1842/18. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
01/08/2019. 11.07 a.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 29/07/2019.
Judgment/Order signed by P.O. on 31/07/2019.
Judgment/Order uploaded on 01/08/2019.
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