Phoenix Arc Pvt. Ltd. v. Rajiv Chandra Nandalal Mahato

1 16-19 n 2-18 and ors-os.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 2 OF 2018 IN EXECUTION APPLICATION NO.1542 OF 2017 PHOENIX ARC PVT. LTD.

)...APPLICANT V/s.

RAJIV CHANDRA NANDALAL MAHATO )...RESPONDENT WITH NOTICE NO. 21 OF 2018 IN EXECUTION APPLICATION NO.1549 OF 2017 WITH NOTICE NO. 22 OF 2018 IN EXECUTION APPLICATION NO.1550 OF 2017 WITH NOTICE NO. 57 OF 2018 IN EXECUTION APPLICATION NO.1546 OF 2017 WITH NOTICE NO. 60 OF 2018 IN EXECUTION APPLICATION NO.1559 OF 2017 WITH NOTICE NO. 87 OF 2018 IN EXECUTION APPLICATION NO.1678 OF 2017 WITH NOTICE NO. 222 OF 2018 IN EXECUTION APPLICATION NO.1552 OF 2017 WITH NOTICE NO. 219 OF 2018 Digitally signed by PRIYA RAJESH SOPARKAR Date:

2024.04.19 10:59:47 +0530 PRIYA RAJESH SOPARKAR IN EXECUTION APPLICATION NO.1544 OF 2017

2 16-19 n 2-18 and ors-os.doc WITH NOTICE NO. 261 OF 2018 IN EXECUTION APPLICATION NO.1562 OF 2017 Ms. Amruta Kundap i/by Mr.Manmohan Rao, Advocate for the Claimant/Applicant.

CORAM :

ABHAY AHUJA, J.

DATE :

18 APRIL, 2024.

P.C. :

1.

Ms. Amruta Kundap, learned Advocate appears for the Claimant/Applicant and once again seeks time in the matter. 2.

On 7th March, 2024, the following order was passed : "1.

Ms.Kundap, learned Counsel, appears for the Claimant in these Notices under Order XXI Rule 22 of the Code of Civil Procedure, 1908, and seeks accommodation submitting that the Advocate appearing in the matter is in personal difficulty and some time be granted. 2.

It is observed that these Notices are of the years 2017 and 2018 and time is being sought.

3.

Be that as it may, since statedly the Advocate on record is in personal difficulty, list on 18th April 2024. 4.

It is made clear that if none appears or no appropriate instructions are obtained in respect of these Notices on the next date, this Court will consider dismissing the Notices."

3 16-19 n 2-18 and ors-os.doc 3.

In paragraph No.4 it was made clear that if no appropriate instructions are obtained in respect of these notices, the Court would consider dismissing the notices.

4.

Today again time is being sought without any appropriate instructions.

5.

Accordingly, the notices stands dismissed.

(ABHAY AHUJA, J.)