JUDGMENT - S.A. BOBDE, J.:---This Chamber Summons is taken out by Amrish Kilachand, defendant No. 1, who claims to have been in possession of the premises at Oriental House, 7, Jamshedjee Tata Road, Churchgate, Mumbai 400 020. This Chamber Summons is taken out under section 47 of the Code of Civil Procedure praying that the execution levied by the plaintiff i.e. Indian Commercial Company Ltd. be dismissed and the warrants of attachment dated 8-3-2001 and 9-8-2001 on the movable property specified in the prayer in possession of the third party be raised and/or set aside.

2. The dispute between Amrish Kilachand, defendant No. 1, and the plaintiff, Indian Commercial Company Ltd. is mainly in relation to the premises referred to above, hereinafter referred to as the “premises in question”. Amrish Kilachand and the company which is said to be under his control i.e. Indian Speciality Chemicals Company (India) Private Ltd. claim to have been in possession of the premises in question under two letters both dated 12-4-1994 and an agreement dated 22-3-1996. The letters stated in effect that he was an associate of a group of companies held by Kilachand family and, therefore, allowed use of th

Click Here to Read the rest of this document