MARINE CONTAINER SERVICES Vs. RAJESH DHIRAJLAL VORA

JUDGEMENT

(1.) HEARD. The chamber summons is taken out by the plaintiff seeking an order that the defendant be detained in Civil prison for such period as the Court deems fit for committing wilful disobedience of the order dated 9th June, 2003 passed in Execution application (Lodg.) No,453 of 2002 in summary Suit No. 3828 of 1999.

(2.) BY a Judgment dated 0/-08-2002 as modified on 28-02-2002 (sic) the aforesaid summary Suit No. 3828 of 1999 was decreed in favour of the plaintiff and against the defendant for Rs. 2,65,00,000/ -. Before the said decree was passed, on a Notice of Motion taken out by the plaintiff seeking attachment before judgment, this Court by an order dated 21st maich, 2001 had directed the defendant to furnish security to the satisfaction of the Court in the sum of Rs. 2,08,00,000/- and in the alternative to disclose the details of the assets of Lie defendant on an affidavit. However, the defendant neither furnished the security nor disclosed the particulars of the assets held by him.

(3.) AFTER the passing of the decree, the plaintiff took out Chamber Summons no. 1505 of 2002 under Order 21, Rule 41 of the Code of Civil Procedure seeking order that the defendant be directed to disclose on oath the particulars of all assets, both movable and immovable belonging to him and owned by him either singly or jointly with any person or persons and/or in any capacity. By an order dated 9th June, 2003 the chamber summons was allowed and the defendant was directed to file an affidavit stating the particulars of the assets of the defendant. However, till date the defendant has not filed an affidavit disclosing the assets held by him. In these circumstances, the present chamber summons is taken out by the plaintiff.