plaintiff has obtained an ex-parte decree against the defendant. Defendant did not apply for setting aside the said ex-parte decree. Plaintiff has filed execution application for enforcement of the said decree. Sister of the defendant who claimed rights in the flat which belongs to the defendant filed Chamber Summons No. 773 of 2011 for raising warrant of attachment. By an order dated 6th November, 2012 passed by Mrs.Roshan Dalvi, J., it was observed that the defendant had rendered an undertaking that the said flat shall not be transferred, encumbered or alienated in any manner whatsoever or let out to Canara Bank. It is observed that the defendant has breached the said undertaking and is in contempt of that order. It is observed that the sister of the defendant has shown a collusive transfer made against the order of the court in terms of the undertaking rendered by the defendant and thus the said transfer was not bonafide. By the said order, the chamber summons filed by the sister of the defendant is rejected. Plaintiff therefore filed this Notice of Motion for an order and direction against Canara Bank to deposit the rent payable to the defendant, if any for occupying the flat in question in this court.
