Nikhil Wadke v. Freddy K. Bhadha and Ors.
Case brief
What is this about?
First appeals against dismissal of Chamber Summons seeking lifting of attachment of a flat in execution of a decree against a company. Appellant contended the flat was his own purchase, not a company asset. Court found no proper consideration in the trial court's order and directed affidavits to establish ownership before proceeding.
What did the court decide?
Interim restraint: no opening of the tender in execution until next hearing; affidavits directed; matter stood over to 22 January 2025 as common order in three appeals.
What the court decided
Digitally signed by MUGDHA MUGDHA MANOJ MANOJ PARANJAPE PARANJAPE Date: 2024.12.18 18:32:46 +0530
1 15, 16 & 17-FA 1954-24 @ IA 15705-24 & FA 1955-24 @ IA 15708-24 & FA 1968-24 @ IA 15742-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.1954 OF 2024
Nikhil Wadke … Appellant V/s. Frenny F. Bhadha & Ors. … Respondents WITH INTERIM APPLICATION NO.15705 OF 2024
AND
FIRST APPEAL NO.1955 OF 2024 Nikhil Wadke … Appellant V/s. Freddy K. Bhadha & Ors. … Respondents WITH INTERIM APPLICATION NO.15708 OF 2024
AND
FIRST APPEAL NO.1968 OF 2024
Nikhil Wadke … Appellant V/s. Sabina Khana & Ors. … Respondents
WITH
INTERIM APPLICATION NO.15742 OF 2024
Issues for consideration
1 issue framed by the court
Whether the attached flat was an asset of the defendant company on the date the decree was passed, and could legitimately be attached in execution.
Parties & counsel
- appellant
Nikhil Wadke
- respondent
Frenny F. Bhadha
- respondent
Freddy K. Bhadha
- respondent
Sabina Khana
Coram
Case details
As recorded by the court registry
All orders in this case
4 orders share this CNR
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