JETU JACQUES TARU LALVANI Vs. SHREEJI MINERAL WATERS PVT. LTD.AND ORS. AND ASHOK MISHRIMAL PARMAR AND ORS.

JUDGEMENT

(1.) THE plaintiff has taken out this Chamber Summons for an order under Section 145 of the Code of Civil Procedure, 1908 holding that the respondents have furnished a guarantee for the performance of the decree in the above suit and have rendered themselves personally liable for the same and that the plaintiff has therefore become entitled to execute the decree in the above suit against the respondents - - guarantors.

(2.) THE plaintiff has also sought directions for issuing a warrant of attachment and other consequential reliefs. However, it is not necessary to consider prayer (b) in this regard in view of the statement made by Mr. Mudnaney, the learned counsel appearing on behalf of the plaintiff. The Chamber Summons raises the following interesting questions of law : - -

(3.) THE plaintiff filed the suit to recover Rs. 1,44,59,450/ - with further interest on Rs. 80,12,509/ - at the rate of 30% p.a. compounded quarterly from the date of the suit till payment and for a declaration that the payment thereof is secured by an equitable mortgage in respect of a flat owned by defendant No. 2.