R DAGA Vs. THACKER

JUDGEMENT

(1.) THE present chamber summons has been taken out, pending execution application by the plaintiff no. 1 for the relief namely notice to the defendants under order 21, rule 22 of the civil procedure code be dispensed with, defendants be directed to instruct their advocates to hand over six cheques mentioned in the escrow letter dated 7th december, 2000 to the plaintiff and/or to issue plaintiff cheques for the same amount, order of injunction from any manner alienate or disposing of or parting with the possession of the immovable property, to disclose their assets in accordance with order 21 rule 41 of civil procedure code. The plaintiffs have added mr. Mahendra r. Thakur as respondent in the present chamber summons and accordingly chamber summons dated 28th january, 2004 along with the affidavit and documents, prayed for reliefs as referred above.

(2.) THE defendant through one mr. Dilip thacker, partner of defendant no1 and being the defendant no. 3 resisted the said chamber summons by his affidavit dated 3rd february. 2004. The rejoinder dated 9th february, 2004 has been filed by the plairitiff and reiterated their original contentions with additional material on record.

(3.) THE basic facts which require for decision of the present chamber summons can be crystallised as, underr: