This one-line order allowed Chamber Summons No. 1395 of 2006, holding that attachments by C.B.I. and S.E.B.I. cannot be sustained despite not preventing decree holders from recovering amounts from judgment debtors.
Absolute Chamber Summons granted finding attachments of C.B.I. and S.E.B.I. unsustainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 108 OF 2007
IN
EXECUTION APPLICATION NO. 364 OF 2006
IN
SURAT SUMMARY SUIT NO. 71 OF 2002
The Udhna Citizen Co-op. Bank Ltd. ... Plaintiff/ Judgment Creditor.
V/s.
Home Trade Ltd. ... Defendant/ Judgement Debtor.
And
National Stock Exchange of India Ltd. ... Applicants/ Garnishee.
Mr. P.C. Mankad for the Plaintiffs. Mr. S. Divekar i/b. Wadia Ghandy & Co. for the Applicant. Mr. Rambhadran for the Defendant.
CORAM : S.C. DHARMADHIKARI,J.
16TH FEBRUARY 2009.
P.C. :
| . | For the | reasons | set out while allowing | Chamber | |||
|---|---|---|---|---|---|---|---|
| Summons | No.1395 | of | 2006 and |
finding | that | there |
are |
| attachments | of | C.B.I. | and |
S.E.B.I., | the | subject | |
| attachment | cannot | be | sustained. Th |
is Cha |
mber | Summons | is |
| also made |
absol |
ute | in terms |
of | prayer | clause | (a). |
However, both order shall not prevent the Decree Holders
from recovering the amounts from the Judgment Debtors.
(S.C. DHARMADHIKARI,J.)
1 issue framed by the court
Whether attachments by C.B.I. and S.E.B.I. can be sustained against decree holders.
The Udhna Citizen Co-op. Bank Ltd.
Home Trade Ltd.
National Stock Exchange of India Ltd.
S.C. Dharmadhikari, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
