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1994 Supreme(Bom) 387

N.D.VYAS
Union Bank of India – Appellant
Versus
Mittersain Rupchand and others – Respondent


JUDGMENT - N.D. VYAS, J.:-By the present Chamber Summons, which is taken out by the defendants, the defendants have prayed that the Notice of Attachment dated 27th September, 1989 in Execution Application No. 229 of 1989 issued in the above suit and attachment levied pursuant thereto be set aside and/or raised; that the ex parte order dated 9th March, 1990 passed by this Court in Notice No. 119 of 1990 in the above summary suit be set aside and the Garnishee Notice No. 119 of 1990 be restored to file for hearing on merits.

2. Briefly stated, the facts giving rise to the present Chamber Summons are as follows:

The present suit was filed by the plaintiffs on 7th June, 1988 for recovery of a sum of Rs. 5,43,810/- due and payable by the defendants. Prior to the filing of the suit, in a suit filed by National Textile Mill against the defendants in Coimbatore Court, a decree was passed against the defendants herein on 12th March, 1986. On 20th May, 1988, attachment was levied in the said decree passed in favour of the National Textile Mill. As far as the present suit is concerned, the same was decreed against defendant Nos. 1 to 4 on 20th March, 1989. On 17th April, 1989, Sale Warrant was































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