AI Structured Summary
Not yet generated for this judgment
Judgment
The Court: The report filed by the Registrar, Original Side dated 7th March, 2018 is kept with the record.
The judgment debtor no.3 is present in Court. In view of the resolution taken by the three wings of the bar to abstain from work, the judgment
debtor no.3 is not represented by any lawyer nor the award holder is represented.
Pursuant to the notices issued to the garnishees Union Plastic Trading Co.,Hemant Plastics, Digvijay Corporation and International Plastics Industries
are represented. Hemant Plastics and Digvijay Corporation have already filed statement of accounts with the Registrar High Court Original Side to
show that no amount is due and payable to the judgment debtor no.1. Union Plastic Trading Co. has appeared in Court today represented by Mr.
Ashoke Mal proprietor thereof. Mr. Mal has filed a statement of account from which it shows that no amount is due and payable to the said
concern. The transactions as disclosed in the said statement of accounts are all for the period 2009-10 and admittedly, no steps have been taken by
the judgment debtor no.1 for realization of such amounts alleged to be due and payable by the garnishees to the judgment debtors.
International Plastics Industries has appeared through Mr. Raj Kumar Agarwal. Mr. Agarwal submits that he was a proprietor of the International
Plastics Industries and the business has been closed down seven years back. International Plastics Industries is directed to file an affidavit in
connection with the notice served upon Mr. Agarwal on or before the adjourned date.
It appears from the report filed by the Section Officer, Writ & Execution Department that Bhayani Plastic Traders, Jay Tara Enterprise, Selvel Plastic
Industries have either refused to accept the notice or the undelivered envelope has been returned with the endorsement ‘not claimed’.
Let a further notice be issued upon Bhayani Plastic Traders, Joy Tara Enterprise and Selvel Plastic Industries with an intimation that in the event they
fail to show cause in terms of this order on or before the returnable date, the properties of the said garnishees shall stand attached and proceedings
may be initiated for realization of the amounts alleged to be due and payable by such garnishees to the judgment debtors.
In spite of notice upon A.P. Plastics, Balaji Industries, Modi Industries, Pranay Udyog, Rachna Collapsible Tubes Pvt. Ltd., S.A. Plastochem, the said
entities and/or companies are not represented. The said concerns and/or entities are directed to forthwith appear and show cause why the said
garnishees should not pay into the Court the debt due from such garnishees to the judgment debtor and in the event they fail to show cause by the
adjourned date, the execution shall be levied against such garnishees and the amounts shall be realized from the said garnishees in accordance with
law. The judgment debtors are directed to take inspection of the documents filed by the Union Plastic Trading Co., Hemant Plastics and Digvijay
Corporation with the Registrar, High Court, Original Side and obtain copies thereof.  The judgment debtor may file an affidavit dealing with the
documents filed in Court by each of the garnishees.
Insofar as the garnishees who could not be served due to insufficient address, the said judgment debtors shall furnish appropriate address to the
department concerned within a week from date so as to enable the department to issue fresh notice upon them.Â
The department shall communicate this order to all the garnishees who are not represented today along with the notice sufficiently in advance.
All costs, charges and expenses for effecting service upon the garnishees in terms of this order shall be deposited by the award holder in the
department within two weeks from date.
Under such circumstances the matter stands adjourned for eight weeks.