M/S. Mathea Multitrading Private Limited v. Union Of India, Through Administrator And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5824 OF 2014 M/s.Mathea Multitrading Private Limited

...Petitioner

v/s.

Union of India and Ors.

...Respondents.

--- Mr.M.M.Vashi, Senior Advocate, i/b Mr.Dinesh Kumar A. Dubey, for the petitioner.

--- CORAM: A. S. OKA & REVATI MOHITE DERE, JJ.

DATED : 10th JUNE, 2015.

P.C.

1.

Heard learned counsel appearing for the petitioner. In execution of a decree passed by a Civil Court, the property of the petitioner has been attached. On the basis of the order of attachment passed by the Executing Court, an entry of attachment has been made in the revenue records. The prayer made in this petition is for cancellation of the said entry.

2.

It is not in dispute that the petitioner has made an application to

2/2 45-wp.5824.2014.doc the Executing Court objecting to the attachment. Unless the order of attachment is vacated, the prayer made in the petition cannot be considered.

3.

Hence, we decline to entertain this petition. The same is rejected. However, it will be open for the petitioner to make an application to the Executing Court for giving priority to the hearing of the application made by it.

(REVATI MOHITE DERE,J.) (A.S. OKA,J.)