The High Court Bench of Bombay allowed the execution chamber summons raising attachment, as the decree holder had not denied the affidavit stating the decree was fully satisfied via settlement, making the attachment absolute in terms of the prayer clauses.
Chamber summons raised attachment and made absolute in terms of prayer clauses (a) and (c).
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.21 OF 2009
IN
EXECUTION APPLICATION NO.352 OF 2005
IN
SUM.SUIT NO.352 OF 2004
Hinduja TMT Ltd. (formerly Known
as Hinduja Finance Corporation
Ltd.).. Plaintiff
Versus
Banhem Securities Pvt.Ltd... Defendant
Mr.C.D.Patel i/b. Prem Ranga for plaintiff
Mr.P.J.Thorat i/b. Thakurdas & Madgaonkar for
defendant.
CORAM :S.C.DHARMADHIKARI, J.
DATE:3rd February 2009.
P.C.
.This is an application for raising
attachment.
2.The statements made in the affidavit in
support are to the effect that the ex parte
decree passed in the above summary suit stands
2
fully satisfied in the light of the settlement
arrived at between the plaintiffs - decree
holders and the judgement debtor. The
Prothonotary & Senior Master has endorsed
satisfaction of the ex parte decree dated 13th
February 2004. In such circumstances and when
the decree holder has not denied the contents of
the affidavit in support, the attachment is
raised. The chamber summons is made absolute in
terms of prayer clauses (a) and (c). No costs.
(S.C.Dharmadhikari, J)
Hinduja TMT Ltd.
Banhem Securities Pvt.Ltd
S.C.DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court