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2004 Supreme(Bom) 520

ANOOP V.MOHTA
L. & T. Finance Limited – Appellant
Versus
T. Jagadishwara Rao & another – Respondent


MOHTA ANOOP V., J.:---Heard Ms. Shakuntala Joshi for the plaintiffs.

2. This Chamber Summons has been taken out by the plaintiffs against the defendants. The basic prayer which is insisted during this hearing is based on Order 21, Rule 41(3) of (C.P.C.).

The earlier orders which were passed in this Chamber Summons are relevant for the relief as prayed. By order dated 3rd June, 2003, the Chamber Judge has passed the following order:

"After hearing the learned Counsel for the applicant/claimant and on going through the affidavit, in my opinion, it would be appropriate to grant prayer (d) at this stage. The defendants are, accordingly, directed to file an affidavit stating the particulars of his properties as provided under Order 21, Rule 41 of C.P.C. within three weeks from today."

3. By order dated 15th July, 2003, it was specifically observed; that the defendant unable to take effective steps in spite of the order of this Court dated 3rd July, 2003. Therefore, show cause notice to the defendants No. 1 and 2 were made returnable after 4 weeks. By order dated 1st September, 2003, Hamdast was also allowed to the show cause notice.

4. On 25th November, 2003, this Court, after considering th





















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