Order 1

Order Details: Notice of Motion
Pdf Text: NM 1084/18 EXECU.APPLN.445/17 1
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOITON NO. 1084 of 2018
IN
EXECUTION APPLICATION NO.445 OF 2017
IN
SUMMARY SUIT NO.3562 OF 2012
(CNR NO.: MHCC010076972018)
Bhagwati Namo Nankani Delete
NAMO DAYARAM NANKANI & ORS.
In the matter between
Bhagwati Namo Nankani ...Decree Holder
(Original Plaintiff)
Versus
Rajani J Gulati alias Dolly Gulati ...Judgment Debtor
(Original Defendant)
Appearances:
Advocate M/s.Nankani & Associates for the Plaintiff.
Advocate Mr.Sandeep Jangam & Siddhant Shetty for the Defendant.
CORAM : HIS HONOUR JUDGE
SHRI. M.S.LONE
(C.R.NO.28)
DATED : 16TH JULY 2019
ORDER
1. This is chamber summons for direction to judgment debtor to
disclose all her movable and immovable properties.
2. Heard Ld.counsel for Decree Holder. Judgment debtor has not
filed any reply.
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NM 1084/18 EXECU.APPLN.445/17 2
3. From the material on record following points come for my
determination and my findings with reasons are as follows:
POINTS FINDINGS
1. Whether there are sufficient
reason to direct the judgment
debtor to disclose all her movable
and immovable property?
Yes
2. What order? As per final order.
REASONS
AS TO POINT NOS.1 & 2
4. This is decree of Rs.13,26,080/ for execution. Judgment debtor
has not paid any amount to the decree holder. The Decree holder has
taken steps of attachment of flat No.145 which was of judgment debtor
but it was found that before passing of decree the said flat as sold in
sale and auctioned by special recovery officer of Cooperative
Department. Thereafter, the Judgment debtor lost its possession and
title over said flat. As per Rule 41 the judgment debtor can be directed
to file on affidavit all the information of the property belonging to
judgment debtor. Therefore, point No.1 is answer as 'Yes' and following
order is passed.
O R D E R
1. Chamber Summons No.1084/2018 is hereby allowed.
2. Judgment debtor is directed to file an affidavit stating all the
details of her movable properties including bank account,gold
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NM 1084/18 EXECU.APPLN.445/17 3
ornaments and other valuable articles and also all other
movable/immovable properties owned by her, within one month from
this order.
3. Chamber Summons no.1084/2018 is disposed of accordingly.
(M.S.LONE)
Judge,
Date:16/07/2019 City Civil Court,Gr. Bombay
Dictated on : 16/07/2019
Transcribed on : 18/07/2019
Signed on : 23/07/2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
24/07/2019 at 3.20p.m. Mrs.J.V.Pawar
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
16/07/2019
Judgment/Order signed by P.O. on 23/07/2019
Judgment/Order uploaded on 24/07/2019
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