1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3772 OF 2007 IN SUIT NO.1831 OF 2007 Suresh R. Gupta ....Plaintiff V/s. Mrs.Pratibha V. Pujari & Ors. ....Defendants Mr.Ajay K.J. Panicker for the Plaintiff. Mr.Nitin Thakkar, Senior Counsel i/b Govinde C. Mohanty for Defendant Nos.1 to 3. Mr.Shivkumar Ganesh i/b Bose & Mitra & Co. for Defendant No.4. CORAM : S.J. VAZIFDAR, J. DATE : 23RD NOVEMBER, 2009. P.C. :- 1. I am not inclined to grant any orders in this Notice of Motion only in view of the following statement made in paragraph 3 of the affidavit dated 3.1.2008 filed by Defendant No.2 on behalf of himself as well as on behalf of Defendant Nos.1 and 3 viz. his wife and son respectively :- “3. I say on oath that there are no holding of a single share of defendant Nos.1, 2 and 3 in the 4th defendants company. I may also state that the shares were disposed of by August 2003.” The statement is accepted. It is only in view of this statement that I have not considered the Plaintiff’s Notice of Motion. The learned counsel for the Plaintiff disputes the correctness of this statement. If the 2 statement is false, the Plaintiff is always at liberty to adopt appropriate proceedings. 2. In view of the above, it was not necessary to consider the contentions on merits raised on behalf of Defendant Nos.1 to 3. The mere fact that Defendant Nos.1 and 3 are residing abroad, does not warrant an application for attachment before judgment. It is only in the event of proper particulars being furnished that an order for attachment is warranted. The Notice of Motion is accordingly disposed of.