LAWS(BOM)-2014-10-50

VIJAY KISHORE PRASAD Vs. RAJIV OM PRAKASH BHARGAVA

Decided On October 13, 2014
Vijay Kishore Prasad Appellant
V/S
Rajiv Om Prakash Bhargava Respondents

JUDGEMENT

(1.) THE applicants have sought to raise the attachment levied on the immoveable property being flat No. C2101, Whispering Palm Bldg. No. 1, Akruli Road, Lokhandwala Township, Kandivali (E), Mumbai 400 101 and to cancel the warrant of attachment levied by the plaintiff / award holder / award creditor.

(2.) THIS application is made under Order 21 Rule 58 of the CPC upon the applicants claiming title in respect of the suit property. The claim would have to be adjudicated in this Chamber Summons itself.

(3.) THIS was pending the arbitration proceedings. Monies came to be due from the award debtor to the award creditor since the award has been passed on 28th August, 2013.