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 ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE NO.203 NO.203 NO.203 OF 2003 OF 2003 OF 2003 IN IN IN AWARD AWARD AWARD DATED 12TH SEPTEMBER,2000 DATED 12TH SEPTEMBER,2000 DATED 12TH SEPTEMBER,2000 Kotak Kotak Kotak Mahindra Bank Ltd Mahindra Bank Ltd Mahindra Bank Ltd ...... Plaintiff Plaintiff Plaintiff vs vs vs Elbee Elbee Elbee Airlines & ors .. Airlines & ors .. Airlines & ors .. Defendants Defendants Defendants Mr.Dinesh Mr.Dinesh Mr.Dinesh Purandare withMr.B.B.Saraf i/b Kartikeya Purandare withMr.B.B.Saraf i/b Kartikeya Purandare withMr.B.B.Saraf i/b Kartikeya & Asso.for Asso.for Asso.for Claimants Claimants Claimants Mr.F.Punniwala Mr.F.Punniwala Mr.F.Punniwala with Mr.P.N.Mehta i.b Desai & Chinoy with Mr.P.N.Mehta i.b Desai & Chinoy with Mr.P.N.Mehta i.b Desai & Chinoy for for for Respt no.3 Respt no.3 Respt no.3 Mr.D.Shukla Mr.D.Shukla Mr.D.Shukla i.b M.U.Pandey for Respt no.2 i.b M.U.Pandey for Respt no.2 i.b M.U.Pandey for Respt no.2 CORAM CORAM CORAM : SMT R.S.DALVI, J : SMT R.S.DALVI, J : SMT R.S.DALVI, J DATE DATE DATE : 1st March, 2007 : 1st March, 2007 : 1st March, 2007 P.C. P.C. P.C. 1.1.1. This notice is taken out under the provisions This notice is taken out under the provisions This notice is taken out under the provisions of of of Order 21 Rule 22 of C.P.C. against the two Order 21 Rule 22 of C.P.C. against the two Order 21 Rule 22 of C.P.C. against the two respondents. respondents. respondents. The claimants/award holder desires to The claimants/award holder desires to The claimants/award holder desires to execute execute execute the the the award against one Elbee Express Ltd who award against one Elbee Express Ltd who award against one Elbee Express Ltd who are are are not the respondents in this notice. It is the not the respondents in this notice. It is the not the respondents in this notice. It is the case case case of the claimants that Exbee Express Ltd is in of the claimants that Exbee Express Ltd is in of the claimants that Exbee Express Ltd is in fact fact fact the alterego of respondent no.2 though the alterego of respondent no.2 though the alterego of respondent no.2 though strictly strictly strictly under the provisions of Order 21 Rule 22 under the provisions of Order 21 Rule 22 under the provisions of Order 21 Rule 22 (a) (a) (a) (b) or (c) of C.P.C. the said Elbee Express (b) or (c) of C.P.C. the said Elbee Express (b) or (c) of C.P.C. the said Elbee Express Ltd Ltd Ltd does not fall, the decree is sought to be does not fall, the decree is sought to be does not fall, the decree is sought to be executed executed executed against against against them. Consequently, the notice to them. Consequently, the notice to them. Consequently, the notice to Elbee Elbee Elbee Express Ltd requiring them to show cause why Express Ltd requiring them to show cause why Express Ltd requiring them to show cause why the the the decree should not be executed against them is decree should not be executed against them is decree should not be executed against them is required required required to be given. The claimants are given to be given. The claimants are given to be given. The claimants are given leave leave leave to amend the notice to include Elbee Express to amend the notice to include Elbee Express to amend the notice to include Elbee Express Ltd Ltd Ltd as respondent no.3. as respondent no.3. as respondent no.3. 2.2.2. Amendment shall be carried out by tomorrow. Amendment shall be carried out by tomorrow. Amendment shall be carried out by tomorrow. 2 Copy Copy Copy of the notice shall be served upon advocate of the notice shall be served upon advocate of the notice shall be served upon advocate for for for respondent no.3 who are present in court to respondent no.3 who are present in court to respondent no.3 who are present in court to show show show cause cause cause against Chamber Summons No.1392 of 2004. against Chamber Summons No.1392 of 2004. against Chamber Summons No.1392 of 2004. Advocate Advocate Advocate for the proposed respondent no. 3 waives for the proposed respondent no. 3 waives for the proposed respondent no. 3 waives service service service of the notice. of the notice. of the notice. 3.3.3. Notice as well as the Chamber Summons are Notice as well as the Chamber Summons are Notice as well as the Chamber Summons are adjourned adjourned adjourned to 22nd March 2007 for hearing. to 22nd March 2007 for hearing. to 22nd March 2007 for hearing. (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J)