Interim Order 1

Order Details: Chamber summons
Pdf Text: MHCC010088492019
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
CHAMBER SUMMONS NO. 1563 OF 2019
IN
EXECUTION APPLICATION No. 294 OF 2015
IN
SUMMARY SUIT NO. 708 OF 2014
Atharali Muzafar Ali Khan ... Applicant/Intervenor
IN THE MATTER BETWEEN:
Orix Leasing And Financial Services
India Limited ... Decree Holder
V/s.
Javed Ahmed Tauheed Shaikh And Ors … Judgment Debtor
Appearances:
Adv. Neha Sawant i/b M Mulla and Associates for the Intervenor.
Adv. Mr. V. R. Tripathi for DH/plaintiff.
Adv. Dnyaneshwar Mishra for JD/defendants.
CORAM : HER HONOUR ADHOC JUDGE
SMT. C.V. PATIL
(C.R.NO.15)
DATE : 15th December, 2021
ORAL ORDER
1. Here authorized Officer of Orix Leasing And Financial
Services India Limited has filed this Chamber Summons with request to
add him defendant in the Execution proceeding.
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2 Ch/s.1563/2019 in E.A. 294/2015 in SUM SU 708/2014
2. As per his statement the Judgment Debtor Javed Ahmed
Tauheed Shaikh had taken loan of Rs.2,90,00,000/(Rupees Two Crore,
Ninety lacs only) from the applicant in October2016 for security of
loan. The Judgment Debtor has mortgaged Flat Nos. 1603, 1604, 1202,
205 and 207. The applicant is in receipt of the notice of Bid of Auction
and therefore, inquired the proceeding In which he came to know that
the five properties are attached by Court in Execution proceeding. The
applicant is having first title and right over the mortgaged properties.
Therefore, he requested to add him party in the suit.
3. By filing reply the Decree Holder strongly opposed
Chamber Summons, on the ground that Execution, Court cannot go
back of the decree under Order 21 Rule 28. Third party is not entitled
to take any objection.
4. The Decree Holder strongly opposed the Chamber
Summons, Notice of Motion of applicant is dismissed by giving reasons
that he has no interest over attached property. When the applicant has
no interest in the properties, then it is not necessary to add him party.
Already findings is given in NM that the applicant is not concerned with
the properties attached by the court, then there is no question to add
him party in the proceeding. Hence, I pass following order.
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3 Ch/s.1563/2019 in E.A. 294/2015 in SUM SU 708/2014
ORDER
1. Chamber Summons No. 1563 of 2019 stands dismissed.
2. Chamber Summons No. 1563 of 2019 is accordingly
disposed of.
(C.V. PATIL)
Adhoc Judge,
Date : 15/12/2021 City Civil Court, Gr. Bombay
Dictated on : 15/12/2021,
Transcribed on : 23/12/2021,
HHJ signed on : 23/12/2021
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4 Ch/s.1563/2019 in E.A. 294/2015 in SUM SU 708/2014
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Name of Typist
23/12/2021 4.45p.m. Mr. Suraj Ambekar
Name of the Judge (With Court Room No.) HHJ Smt. C.V.Patil (CR
15)
Date of Pronouncement of
JUDGEMENT /ORDER
15/12/2021
JUDGEMENT /ORDER signed by P.O. on 23/12/2021
JUDGEMENT /ORDER uploaded on 23/12/2021
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