D.Y.CHANDRACHUD, A.A.SAYED
Kuber Housing Investment and Finance Private Limited – Appellant
Versus
TCI Finance Limited – Respondent
1. Admit. Learned counsel for the Respondents waives service. The appeal is taken up for hearing and final disposal, by consent and on the request of the learned counsel.
2. Leave granted on the oral request of the counsel for the Appellant to correct the name of the Appellant in the memo of appeal. The amendment be carried out forthwith. Verification is dispensed with.
3. This appeal arises from an order of the learned Single Judge dated 18 June 2012 on a Chamber Summons that was taken out by the Appellant for raising an attachment which was levied in respect of immovable property. The property consists of office premises being A-1, Inder Mohini Co-operative Housing Society Ltd; 1/22, Dadabhai Road, Linking Road (Extension), Santacruz (W), Mumbai-400 054.
4. In a suit instituted by the First Respondent against the Second Respondent and the Third Respondent, a decree was passed on 5 April 2004 by the Third Senior Civil Judge, City Civil Court, Secunderabad in the amount of Rs.78.39 lakhs together with future interest @ 6% p.a. An Execution Application was instituted before this Court in 2006 (Execution Application No.441 of 2006), in the course of which an attachment w
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