CHS/343/1997 of INDIAN OVERSEAS BANK. Vs M/S.ESQUIRE VIDEO FILM SERVICES.PVT.LTD AND ORS.and MITSUI OSK MANNING on 19 December 1997

1. The Plaintiff­Bank has filed this Suit in 1984. The Suit wasdecreed in 1989. A decree has been satisfied in 1997. Someamount was left in balance after satisfaction of the Plaintiff'sdecree. The Corporation Bank and Respondent No.1 hereinwere the claimants. In the initial proceedings taken out bythe Corporation Bank, the Sheriff of Mumbai was directednot to part with the balance amount remaining with himwhich was then Rs.73 Lacs. The claim of the Corporationdecreed in 1989. A decree has been satisfied in 1997. Someamount was left in balance after satisfaction of the Plaintiff'sdecree. The Corporation Bank and Respondent No.1 hereinwere the claimants. In the initial proceedings taken out bythe Corporation Bank, the Sheriff of Mumbai was directednot to part with the balance amount remaining with himwhich was then Rs.73 Lacs. The claim of the Corporation Bank came to be settled and the proceedings of theCorporation Bank came to be closed on 21.7.2008. Theorder directing the Sheriff not to part with the amount isnow required to be modified. Respondent No.1 is the onlyclaimant of the amount at present. The amount lying withthe Sheriff together with all the accrued interest shall bepaid over to Respondent No.1. The Chamber Summons isdisposed of.

[SMT.ROSHAN DALVI, J.]