INDIAN COMMERCIAL COMPANY LIMITED Vs. AMRISH KILACHAND

JUDGEMENT

(1.) THIS Chamber Summons is taken out by Amrish Kilachand, defendant No. 1, who claims to have been in possession of the premises at Oriental House, 7, Jamshedjee Tata Road, Churchgate, Mumbai 400 020. This Chamber Summons is taken out under section 47 of the Code of Civil Procedure praying that the execution levied by the plaintiff i. e. Indian Commercial Company Ltd. be dismissed and the warrants of attachment dated 8-3-2001 and 9-8-2001 on the movable property specified in the prayer in possession of the third party be raised and/or set aside.

(2.) THE dispute between Amrish Kilachand, defendant No. 1, and the plaintiff, Indian Commercial Company Ltd. is mainly in relation to the premises referred to above, hereinafter referred to as the premises in question. Amrish Kilachand and the company which is said to be under his control i. e. Indian Speciality Chemicals Company (India) Private Ltd. claim to have been in possession of the premises in question under two letters both dated 12-4-1994 and an agreement dated 22-3-1996. The letters stated in effect that he was an associate of a group of companies held by Kilachand family and, therefore, allowed use of the premises. The premiss are taken on lease by Kilachand Devchand and Company Ltd. from New Great Insurance Company Ltd.

(3.) THE defendant Amrish Kilachand claims to have been dispossessed forcibly from the premises and, therefore, filed Suit No. 1884 of 1996. In regard to the same premises, the I. C. C. Ltd. filed present Suit No. 3979 of 1996, inter alia, for an order of permanent injunction restraining the defendant i. e. Amrish Kilachand and others from entering into the suit premises i. e. the premises in question. This was by way of prayer Clause (d ).