- 1 - 902.nms.3554.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3554 OF 2010 IN SUIT NO.3106 OF 2010 M/s. Rohit & Company ..Plaintiff -Versus- M/s.S.S. Engineers & Anr. ..Defendants .......... Mr.S.K.Jain a/w. Mr.Siddharth Murarka for the Plaintiff. Ms.Meena Kshirsagar a/w. Mr.Avihash B. Avhad for the Defendants. .......... CORAM : S.J. VAZIFDAR, J. DATE : 8TH SEPTEMBER 2011. P.C. 1 The Notice of Motion is taken out by the plaintiff for a order of attachment before judgment. 2 The order of attachment before judgment is justified for more than one reason. It is sufficient to refer to the previous orders of this Court in this Notice of Motion itself passed during the period 18th January 2011 to 20th July 2011. There appears to be a consistent attempt to commit a breach of an order passed by this Court. Even, affidavits requiring certain disclosures to be made, have not been made. A Show Cause Notices for - 2 - 902.nms.3554.10 the breach of the orders has been issued. It is not necessary to set out the details of each of the orders. The same are on record. The facts stated in the orders have not been denied even today. Moreover, the cheques issued by the defendants have been dishonoured. 3 The defendants are not in a position to deposit the amounts sought in prayer (a) or any part thereof. 4 The learned counsel appearing on behalf of the defendants stated that the properties mentioned in prayer (b-i) was sold in the year 2009. She further states that the properties mentioned in prayers (b-ii) and (b-iii) have been mortgaged with the Oriental Bank of Commerce. This order will not affect the rights allegedly created in favour of the third party and in favour of the Oriental Bank of Commerce. It is further clarified that the order of attachment will not restrain the defendants from using the properties themselves. 5 In the circumstances, the Notice of Motion is made absolute in terms of prayers (b) and (c) except the words bracketed in red namely, the words ‘and the sister concerns’. The injunction shall operate only in respect of the immovable properties and not the movable properties. - 3 - 902.nms.3554.10 Liberty to file a fresh application seeking attachment of any other property as well. The plaintiff is at liberty to apply for a letter of request to any authority including the Income Tax Authority and Excise Authority in respect of the returns that may have been filed by the defendants. -