Final Order 1

Order Details: Chamber summons
Pdf Text: CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.1032 OF 2019
IN
EXECUTION APPLICATION NO.263 OF 2018
IN
SUIT NO. 7105 OF 2005
(HIGH COURT SUIT NO.2843 OF 2005)
Hemal Fabrics Private Limited. ] ...Plaintiff
Versus
Ganesh Container Movers Syndicate ] ...Defendant.
Appearances :
Mr. Hussein, Ld. Adv. for applicant /decree holder.
None for Respondent.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G.
BORLEPWAR
(C.R.No.20)
DATED : 16th January, 2020
ORAL ORDER
1. Plaintiff has taken out this Chamber Summons to amend
the Execution Application.
2. Heard Ld. Advocate for applicant.
MHCC01-005437-2019
-- 1 of 4 --
2 CHS 1032/19 in
SC Suit 7105/05
3. Respondent is served with notice of this Chamber
Summons. Respondent did not appear. Hence this Chamber Summons
proceeded exparty against the Respondent.
4. Perused affidavit in reply dated 4.2.2019 of the defendant
filed to the Execution Application. Today Respondents and his advocate
not appeared.
5. Perused Chamber Summons and affidavit in support of
Chamber Summons. It is contention of the applicant that at the time of
filing reply to the Execution Application the Respondent brought to the
notice of the Court that the property for which warrant of attachment is
sought is already sold by respondent on 25.11.2005. The applicant suo
moto found out from the reliable sources that there are two more
immovable property belonging to the defendant namely office address
at (i) 17/18,Vyapar Bhawan, Carnac Bunder, Mumbai – 400 009 (ii) M
138 Vyapar Bhavan, Carnac Bunder, Mumbai 400 009. Therefore,
applicant be permitted to amend the Execution Application to extent of
point No.J and permitted the applicant to add the said two properties
in the Execution Application.
6. Perused Execution Application. It is filed for recovery of
amount as per Exparte Decree dated 23.7.2014. Therefore, I am of the
opinion that the applicant be permitted to amend the Execution
Application. Hence following order:
-- 2 of 4 --
3 CHS 1032/19 in
SC Suit 7105/05
ORDER
Chamber Summons NO.1032/19 is hereby allowed as under:
1. Applicant is permitted to amend the execution application as per
schedule of amendment filed with this Chamber summons.
2. Applicant is permitted to amend the execution application as
stated above within 14 days from the date of this order.
3. Applicant is directed to file on record amended copy of the
execution application after carrying out amendment till next date.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
Dt.: 16/01/2020 City Civil Court, Gr. MUMBAI
Dictated on : 16/01/2020.
Transcribed on : 20/01/2020.
Signed on : 21/01/2020.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
City Civil Court, Gr. MUMBAI
-- 3 of 4 --
4 CHS 1032/19 in
SC Suit 7105/05
“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
21.01.2020 at 03.45 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 1.01.2020
Judgment/order signed by P.O. on 21.01.2020
Judgment/order uploaded on 21.01.2020
-- 4 of 4 --