Disha Constructions vs Lok Constructions And 5 Ors on 1 April, 2019

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Bombay High Court

Disha Constructions vs Lok Constructions And 5 Ors on 1 April, 2019

Bench: G.S. Patel

                                                         35-CHSCD1130-18+.DOC




 Shephali


      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            ORDINARY ORIGINAL CIVIL JURISDICTION
                     IN ITS COMMERCIAL DIVISION
               CHAMBER SUMMONS NO. 1130 OF 2018
                                        IN
                 COMMERCIAL SUIT NO. 1341 OF 2018
                                      AND
               CHAMBER SUMMONS NO. 1898 OF 2018


 Disha Constructions                                                 ...Claimant
       Versus
 Lok Constructions & Ors                                        ...Respondents

Mr Karl Tamboly, with Swapna Roopwate, i/b Tushar Goradia, for the Claimant/Judgment Creditor.

Mr Chirag Mody, with Aziz Khan, i/b Divya Shah Associates, for Respondent No. 6.

                               CORAM:      G.S. PATEL, J
                               DATED:      1st April 2019
 PC:-

1. Chamber Summons No. 1130 of 2018 is filed in execution for disclosure and other reliefs. There is also Chamber Summons No. 1898 of 2018 seeking to raise the attachment on one of the three attached immovable properties, a residential bungalow at Juhu. I will hear that on the next date.

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2. In Chamber Summons No. 1130 of 2018, Mr Mody for Respondent No. 6 states that there is an MIDC plot at Murbad that can be made available to satisfy the decree. The statement is made without prejudice. There may also be another property at Vile Parle. He will obtain the necessary instructions in that regard. He states on instructions that the Respondents will make a disclosure of their assets, both movables and immovables in the usual form including bank statements and income tax returns by 12th April 2019.

3. For directions, Chamber Summons No. 1898 of 2018 is by consent taken on board. Affidavit in Reply is to be filed and served on or before 12th April 2019. List the Chamber Summons for hearing and final disposal on 22nd April 2019.

4. Respondents Nos. 1 and 6 are not to dispose any of its assets except in the ordinary and usual course of their business.

5. Respondents Nos. 2, 3, 4 and 5 are put to notice that any transfers of immovable property or gifts of cash that they make between now and the next date will be subject to further orders of this Court.

6. List both Chamber Summonses on 22nd April 2019.

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Bombay High Court