1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1887 OF 2006 IN SUIT NO.833 OF 2006 Uran Shipyard Pvt.Ltd. Plaintiff versus Bombay Science and Research Education Institute and others Defendants Mr.Kishore Patil for plaintiff. None for the defendants. CORAM : S.J.KATHAWALLA, J. DATE : 14th March 2011 PC : 1. Present suit is filed by the plaintiff against the defendants for recovery of a sum of Rs.23,33,421/-. According to the plaintiff, the plaintiff was mislead in entering into an agreement with the defendants. The defendant no.1 had represented to the plaintiff that it was a recognized institute and that it was affiliated to the Glasgow College of Nautical Studies. Thereafter the plaintiff realized that the defendant no.1 institute is not affiliated to any body or authority. The above Notice of Motion is taken out by the plaintiff under Order XXXVIII, Rule 5 of the Code of Civil Procedure, 1908. It is contended on behalf of the plaintiff that the defendants are in the habit of changing their accounts from one bank to another. It is further contended that the defendants are involved in immigration fraud and that they are likely to flee the country. It is further contended that the defendants are likely to dispose off their movable and immovable properties in order to defeat the decree that would be passed in favour of the plaintiff. 2 2. A reply affidavit is filed on behalf of the defendants wherein the allegations made by the plaintiff are denied. It is also contended that the defendants are owners of immovable properties worth Rs.4.00 crores. However, no particulars of the said immovable properties have been set out by the defendants in the said affidavit. 3. In view thereof, the defendants are directed to file an affidavit within four weeks from today setting out the details of all the movable and immovable properties owned by the defendants. After the defendants file their affidavit as directed, the plaintiff shall be at liberty to file a fresh Notice of Motion seeking further reliefs. The Notice of Motion is accordingly disposed of. The defendants are also directed to file their written statement within four weeks from today, failing which, place the suit for ex-parte decree on 18th April 2011. A copy of this order shall be forthwith served by the advocate for the plaintiff on the advocate for the defendants as well as the defendants by hand delivery and also by RPAD.. (S.J.KATHAWALLA, J.)