1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY & ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2517 OF 2009 IN SUIT NO. 1725 OF 2009 Colgate-Palmolive (I) Limited. ... Plaintiff. V/s. Mr. Arjun P. Kataria & Ors. ... Defendants. Mr. S.U. Kamdar, Sr. Counsel a/w. Simil Purohit, Raj Panchmatia & Ms. Rachitta i/b. Udwadia & Udeshi for the Plaintiff. None for Defendant 1. Mr. Vijay M. Vaghela for Defendant 2. Mr. K.D. Shukla for Defendant 3. CORAM : S.C. DHARMADHIKARI,J. DATED : 09th OCTOBER 2009. P.C. :- On 19th May 2009, this Court passed an order granting prayer Clauses (d) of the Notice of Motion. Prayer Clause (d) of the Motion reads as under :- “(d) That pending the hearing and final disposal of the Suit, this Court be pleased to attach the properties of Defendant No.1 as more particularly described in Exhibit A hereto, alongwith the furniture’s, fixtures and movables lying therein under the provisions of Order 38 Rule 5 of the Civil Procedure Code, 1908.” 2 2. Defendant No.1 is duly served so also Defendant Nos.2 and 3. Mr. Vaghela, learned Advocate appears for Defendant No.2 and Defendant No.3 is represented by Mr. Shukla. 3. This Court, after perusing the affidavit in support of the Notice of Motion and prima-facie concluding that all ingredients which are necessary to issue an order of attachment before Judgment as stipulated by Order XXXVIII Rule 5 of the Code of Civil Procedure being satisfied, ad- interim attachment came to be granted. 4. The order of attachment so also the proceedings came to be served on the First Defendant and despite service, he has failed to appear and put in reply affidavit. 5. It is stated that the First Defendant is fully aware of these proceedings inasmuch as he has filed the Suit in City Civil Court, Bombay against the Plaintiffs which is stated to be pending and defended by the Plaintiffs. 6. Be that as it may, considering the averments in the plaint and the affidavit in support of the Notice of Motion, I am satisfied that the affidavit filed discloses that with a view to delay and defeat the execution of a decree that is likely to be passed against the First Defendant in this Suit, he would transfer his properties more particularly, listed at Annexure ‘A’ to the affidavit in support. 3 7. In these circumstances, the Notice of Motion is made absolute in terms of prayer clause (d). 8. Since written statements are filed by Defendant Nos.2 and 3 and writ of summons are duly served on Defendant No. 1, list the Suit for framing issues on 1st December 2009. (S.C. DHARMADHIKARI,J.)