VEETRAG INVESTMENTS AND FINANCE COMPANY Vs. PREMIER BRASS AND METAL WORKS PRIVATE LIMITED
LAWS(BOM)-2002-10-120
HIGH COURT OF BOMBAY
Decided on October 09,2002

VEETRAG INVESTMENTS AND FINANCE COMPANY Appellant
VERSUS
PREMIER BRASS AND METAL WORKS PRIVATE LIMITED Respondents

JUDGEMENT

- (1.) THE chamber summons is to set aside the attachment levied pursuant to a warrant of attachment dated 17th November, 2000 in so far as it relates to the goodwill and suit premises and incidental reliefs.
(2.) ON 16th February, 2002 the suit was decreed in the sum of Rs. 24,00,000/- with interest at 36% per annum from the date of the promissory note on which the suit was filed i. e. 3-11-1994 till the date of filing of the suit and further interest at 18% per annum from the date of the suit till realisation on the sum of Rs. 24,00,000/- along with costs.
(3.) ON 17-11-2000 a warrant of attachment was issued by this Court. The plaintiff had applied for execution of the decree by attachment of the moveable property belonging to and in the possession of the defendant including the defendants right, title and interest in the goodwill of the business together with tenancy rights of the said business as a going concern. The attachment in respect thereof was levied on 12th December, 2000. The plaintiff, by its Advocates letter dated 13th December, 2000 informed the applicant of the said decree and the warrant of attachment dated 17th November, 2000 and the fact that the tenantable premises of the defendant along with their right, title and interest to use, occupy and possess the same were attached by this Court. The defendant, by her Advocates letter dated 21st December, 2000 replied to the aforesaid letter. As the contents of the letter form the basis of her case in the present chamber summons, it is not necessary to narrate the same at this stage.;


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