KIRIT SHAH – Appellant
Versus
M/S SPECTRUM ALLOYED AND RESINS LTD. AND M/S MACHMANN ENGINEERING PVT. LTD – Respondent
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.1332 OF 2007
IN
EXE.APPLICATION NO.183 OF 2007
IN
SUMMARY SUIT NO.2391 OF 2003
Kirit Shah
.. Plaintiff
Versus
M/s.Spectrum Alloyed &
Resins Ltd.
.. Defendants
and
M/s.Machmann Engineering
Pvt.Ltd.
.. Applicant
Mr.B.S.Nayak i/b. Bhaskar & Co. for applicant
CORAM :
S.C.DHARMADHIKARI, J.
DATE
:
17th February 2009.
P.C.
.
This chamber summons is duly served. It
is for raising attachment on an immovable
property, more particularly described in prayer
(a) of the chamber summons. The applicant has
filed an affidavit of its Managing Director
stating that the applicant is a Private Limited
2
Company registered under the Companies Act, 1956.
It is stated that the applicant is the owner of
the subject Gala and is in possession of the
same. In fact, if there had been no right, title
and interest of the applicant in the subject
gala, there was no question of the same being
mortgaged with the Oriental Commercial Bank to
obtain the loan from the said Bank. It is stated
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