1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO.748 OF 2006 SUMMONS NO.748 OF 2006 SUMMONS NO.748 OF 2006 IN IN IN E.A. E.A. E.A. (LD) NO.271 of 2006 (LD) NO.271 of 2006 (LD) NO.271 of 2006 in in in ARBN ARBN ARBN SUIT NO.375 OF 2004 SUIT NO.375 OF 2004 SUIT NO.375 OF 2004 L & T Finance Ltd T Finance Ltd T Finance Ltd .. .. .. Plff Plff Plff vs vs vs Pragati Pragati Pragati Projects & ors .. Projects & ors .. Projects & ors .. Defts Defts Defts Ms Ms Ms Shakuntala Joshi for Plff. Shakuntala Joshi for Plff. Shakuntala Joshi for Plff. CORAM CORAM CORAM : : : SMT R.S.DALVI, J SMT R.S.DALVI, J SMT R.S.DALVI, J DATE DATE DATE : 22nd January, 2007 : 22nd January, 2007 : 22nd January, 2007 P.C. P.C. P.C. 1. 1. 1. This Chamber Summons is taken out for This Chamber Summons is taken out for This Chamber Summons is taken out for directions directions directions to the defendants to deposit the to the defendants to deposit the to the defendants to deposit the decretal decretal decretal amount of Rs.50,37,496/- with interest amount of Rs.50,37,496/- with interest amount of Rs.50,37,496/- with interest thereon. thereon. thereon. It is also for claiming particulars of It is also for claiming particulars of It is also for claiming particulars of their their their properties under Order 21 Rule 41 of the properties under Order 21 Rule 41 of the properties under Order 21 Rule 41 of the C.P.C. C.P.C. C.P.C. The particulars have been provided by the The particulars have been provided by the The particulars have been provided by the defendants defendants defendants in their affidavit in reply dated 16th in their affidavit in reply dated 16th in their affidavit in reply dated 16th October, October, October, 2006. The particulars show 3 vehicles and 2006. The particulars show 3 vehicles and 2006. The particulars show 3 vehicles and an an an immovable property at Surat which is mortgaged immovable property at Surat which is mortgaged immovable property at Surat which is mortgaged to to to Bank of Baroda and 3 bank a/cs described in para Bank of Baroda and 3 bank a/cs described in para Bank of Baroda and 3 bank a/cs described in para 4 thereof. thereof. thereof. 2 2. The plaintiffs have obtained a decree. It is The plaintiffs have obtained a decree. It is The plaintiffs have obtained a decree. It is yet yet yet to be satisfied. The plaintiff to be satisfied. The plaintiff to be satisfied. The plaintiffs therefore therefore therefore apply apply apply for injunction restraining the defendants for injunction restraining the defendants for injunction restraining the defendants from from from transferring the property disclosed by them. transferring the property disclosed by them. transferring the property disclosed by them. The The The defendants have not appeared to defend the defendants have not appeared to defend the defendants have not appeared to defend the Chamber Chamber Chamber Summons. Summons. Summons. 3. The defendants shall not transfer the vehicles The defendants shall not transfer the vehicles The defendants shall not transfer the vehicles described described described in para 3 of their affidaivt in reply for in para 3 of their affidaivt in reply for in para 3 of their affidaivt in reply for 6 weeks from today. The bankers of the defendants weeks from today. The bankers of the defendants weeks from today. The bankers of the defendants mentioned mentioned mentioned in para 4 of their affidavit in reply in para 4 of their affidavit in reply in para 4 of their affidavit in reply shall shall shall furnish a certified copy of the statement of furnish a certified copy of the statement of furnish a certified copy of the statement of bank bank bank a/c of the defts mentioned therein to the a/c of the defts mentioned therein to the a/c of the defts mentioned therein to the plaintiffs plaintiffs plaintiffs or their Advocate. or their Advocate. or their Advocate. 4. Chamber Summons disposed of accordingly. Chamber Summons disposed of accordingly. Chamber Summons disposed of accordingly. (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J)