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2008 Supreme(Bom) 1266

ROSHAN DALVI
Essar Shipping Limited – Appellant
Versus
R. C. Coastal Exports Pvt. Ltd. – Respondent


JUDGMENT :

1.The Claimant obtained an Award against the Respondent. The Claimant has sought to execute the Award under its Execution Application dated 22.6.2006. The Claimant got the office premises and the movables along with the right, title and interest of the Respondent in the goodwill of the business together with the tenancy rights therein attached under Order 21 Rules 43 and 54 of the Code of Civil Procedure. The office premises is situate at Plot No.606, Garden Resort, SionTrombay Road, Mumbai 400 017. The Applicant has taken out this Chamber Summons for raising the attachment.

2.It is the case of the Applicant that he is the sole owner of the suit premises. He has created a tenancy right in one Garden Resort. That is a proprietary Concern of which he is the sole proprietor. He contends that, at the request of his son Agnello Castellino, who was a Director of the Respondent Company, he had given the Respondent Company a table space in his office premises in 1997. He further contends that he has not sublet the premises or transferred any interest or legal rights in the premises to the said Company or even to his son as the Director therein. He has also contended that prior to



























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