-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice No.4 of 2006 In Execution Application No.467 of 2005 In Summary Suit No.1682 of 1998 Kaveri Impex Pvt. Ltd. .. .. Plaintiffs v/s. Janakraj S. Gupta & ors. .. .. Defendants Mr.H.V. Chande for Plaintiffs. None for Defendants. ---- CORAM : SMT.R.S. DALVI, J. CORAM : SMT.R.S. DALVI, J. CORAM : SMT.R.S. DALVI, J. DATED : 29th March, 2007 DATED : 29th March, 2007 DATED : 29th March, 2007 P.C. : P.C. : P.C. : 1. Notice has been served through the office of the Sheriff of Mumbai by Registered Post on 10.1.2006 upon the Defendants. The Plaintiffs’ Advocate has also sent a notice to the Defendants’ Advocate intimating him about the today’s date of hearing. Copy letter of the Advocate for the Plaintiffs with the endorsement of the Defendants’ Advocate thereon is taken on record. 2. The endorsement mentions that the amount claimed is fully paid. Mr.Chande, the Plaintiffs’ Advocate states that the payments made in instalments to the Plaintiffs have not been specifically appropriated towards either the principal or the interest amount and accordingly, the Plaintiffs, as the creditors, have appropriated them towards interest. Consequently, the claim is not fully satisfied. 3. The Notice is made absolute as prayed. Execution to proceed. -2- (Smt.R.S. Dalvi, J.) (Smt.R.S. Dalvi, J.) (Smt.R.S. Dalvi, J.)