Disposed

Prasad Co-Op Credit Soc. Ltd. v. Arvind T. Tripathi and Ors. and Tribhuvan T. Tripathi

Bombay HC3 Aug 2005CHS/733/2005

Case brief

AI extract

What is this about?

Application under Section 39 of the Civil Procedure Code for vacation of attachment order settled on undertaking by applicant to pay ₹7,500 monthly to judgment creditor alongside existing obligation.

What did the court decide?

Chamber summons disposed of on terms that attachment be raised pending applicant's undertaking to pay ₹7,500 monthly to judgment creditor.

Prasad Co-Op Credit Soc. Ltd. Vs Arvind T. Tripathi and… — Banking and Recovery | Bombay HC (2005)

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 IN THE HIGH COURT OF JUDICATURE OF BOMBAY

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 ORDINARY ORIGINAL CIVIL JURISDICTION

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 CHAMBER SUMMONS NO.733 OF 2005
 IN
 EXECUTION APPLICATION NO.175 OF 2004
 IN

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 CASE NO.ABN/CCIV/518 OF 2003

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 Prasad co-op.Credit Society Ltd. ..Plaintiffs.

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 V/s.

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 Arvind T. Tripathi & Ors. ..Defendants.
 And

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 Tribhuvan T.Tripathi. ..Applicant.

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 Mr.P.J.Pandit for applicant.

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 Mr.Vivek Phadke, for Plaintiffs.

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 CORAM: A.M.KHANWILKAR,J

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 DATE : AUGUST 3, 2005.

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P.C. :

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 1. Heard counsel for the parties.

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 2. Counsel for the applicant fairly submits that

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 although the applicant may be justified in contending
 that in law, attachment order in respect of the
 disputed property cannot continue, even then, the
 applicant is willing to pay sum of Rs.7,500/- per
 month to the Judgment Creditor till the final
 instalment to satisfy the decreetal amount. It is
 agreed that this payment will be in addition to the
 amount, which is payable by the Judgment Debtor No.1

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 in the sum of Rs.3,000/- pursuant to the order passed

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 in that behalf by the executisng Court. In other
 words, both the abovesaid payments will have to be
 reckoned for the purpose of payment received towards
 the decreetal amount. This arrangement is suggested
 by the applicant who incidentally is the father of
 the Judgment Debtor, as his moral obligation.

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 3. On the basis of the above arrangement

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 suggested by the applicant, which is acceptable to
 the Judgment Creditor as is stated by the counsel for
 the Judgment Creditor on instructions of Mr.Suresh
 Nikam, authorised Officer of the Bank, the
 application is disposed of on the above terms. The
 assurance /oral undertaking given by the applicant
 before this court in the above terms is accepted.

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 4. Accordingly, the chamber summons is disposed

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 of on the above terms by raising the order of
 attachment dated 21st May, 2004, in respect of shop
 No.3, Mahudi Darshan, Behind Dattani Park, Western
 Express Highway, Borivali(east), Mumbai and movable
 properties. The applicant undertakes to pay amount
 at the rate of Rs.7,500/- p.m., commencing from 1st
 September, 2005. Each installment due should be made
 over to the Judgment Creditor before 10th of every

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 English Calender Month. The undertaking so given is

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 accepted.

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 5. The chamber summons is disposed of on the

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 above terms.

Prasad Co-Op Credit Soc. Ltd. v. Arvind T. Tripathi and Ors. and Tribhuvan T. Tripathi

Case brief

What is this about?

What did the court decide?

Prasad Co-Op Credit Soc. Ltd. v. Arvind T. Tripathi and Ors. and Tribhuvan T. Tripathi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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