Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 2420/19 SUM.SUIT 1049/2018 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.2420 OF 2019
(CNR NO.: MHCC010066242019)
IN
SUMMARY SUIT NO.1049 OF 2018
Mr. Vijaykumar Himatlal Modi and Ors. ...Plaintiff
Versus
Mr. Khimji G. Kamdar …Defendant
Appearances:
Advocate Mr. Tejas Deshpande for the Plaintiff.
None for Defendant.
CORAM : HIS HONOUR JUDGE
SHRI.M.S.LONE
(C.R.NO.28)
DATE : 05th OCTOBER 2019
ORDER
This is Notice of motion for attachment and restraining the
defendant from selling and alienating or creating third party interest in
respect of Flat No,B3rd floor Rock Side Walkeshwar Mumbai400 006.
2. Heard Ld.counsel for plaintiff. Defendant was served notice of
the motion but he remained absent and has not filed any reply to this
motion.
3. From the material on record following points come for my
-- 1 of 4 --
NM 2420/19 SUM.SUIT 1049/2018 2
determination and my findings with reasons are as follows:
POINTS FINDINGS
1.Whether there is sufficient cause
to allow this notice of motion?
Yes
2. What order ? As per final order
REASONS
AS TO POINT NOS.1 &2.
4. The Ld. Counsel for plaintiff has submitted that this is suit for
recovery of Rs. 65,57,584/. The defendant has not contested summons
for judgment. Recently, he came across and advertisement publish by
the defendant on 02.01.2019 in Mumbai Samachar Gujrati Newspaper
whereby defendant has informed public at large of his intention to sale
the said flat therefore, this application.
5. From the record, it can be seen that defendant has infact given
and advertisement in the Gujrati paper about the sale of flat. The
defendant has appear in this case . The summons for judgment is
served upon defendant. The defendant his having then knowledge
about the claim of the plaintiff. Therefore it can be infer that to avoid
the payment of the amount claim by plaintiff defendant is trying to sell
the said flat. The apprehension of plaintiff is well founded. If this
application is rejected then it will cause irreparable loss and injury to
the plaintiff. Therefore, point Nos. 1 is answered as 'Yes' and following
order is passed.
-- 2 of 4 --
NM 2420/19 SUM.SUIT 1049/2018 3
ORDER
1. Notice of Motion No.2420/2019 stands allowed with cost.
2. The flat no. B3rd floor, Rock side Walkeshwar Mumbai400 006
is attached till further orders.
3. The defendant, his legal heirs, representatives, agents and/or his
servants are restrained by the order of injunction from selling,alienating
or creating third party interest in respect of flat no. B3rd floor, Rock
side Walkeshwar Mumbai400 006.
4. Notice of Motion No.2420/2019 stands disposed of accordingly.
(M.S.LONE)
Judge,
Date: 05/10/2019 City Civil Court,Gr. Bombay
Dictated on : 05/10/2019
Transcribed on : 07/10/2019
Signed on : 10/10/2019
-- 3 of 4 --
NM 2420/19 SUM.SUIT 1049/2018 4
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
15/10/2019 at 5.40p.m. Mr. A. S. Sugdare
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Shri.M.S.Lone
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
05/10/2019
Judgment/Order signed by P.O. on 10/10/2019
Judgment/Order uploaded on 15/10/2019
-- 4 of 4 --