N V BALTA INDUSTRIES Vs. TIKE INTERNATIONAL

JUDGEMENT

(1.) THE Plaintiffs on the basis of the ex parte decree passed against the Defendants had taken out the execution to attach the movable and immovable properties of the Defendants. Based upon the averments made in the execution application and the warrant of attachment, the immovable properties of the Applicant have been attached in August, 2010. The Plaintiffs in support of the Affidavit to the Execution Application has not provided any details with regard to the ownership and the title of the properties in question. The basic averments are only to attach the property so described.

(2.) THE property attached is situated at Plot No. 41, Kedia House, J.B. Nagar, Andheri (E), which is stated to be in the name of Defendant No. 2. We are concerned only with the Applicant's property who is owner of the property in question.

(3.) SO far as movable properties are concerned, the attachment order as passed is itself illegal as the ownership itself is not proved and/or supported by the Plaintiffs and on the contrary there is ample material on record to show that the properties in question belongs to and owned by the Applicant even before the date of the decree. It is relevant to note that even the suit as filed is of the year 2008. The documents of ownership and title including the share certificates have been prior to the date of filing of the suit in the name of the Applicant and are still in the name of the Applicant. Therefore, whole action so initiated by the Plaintiffs is contrary to law and not permissible.