Mahindra And Mahindra Financial Services Ltd v. Shridhar Mukund Jadhav And ANR

10.N.110.16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 110 OF 2016 IN ARBITRATION PROCEEDING NO. Mum/2012/80 OF 2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr. Padmakar Garad i/by. SG Legal Associates for Claimant.

------- CORAM : K. K. TATED, J.

DATE : NOVEMBER 7, 2017 P.C.:

.

Heard learned Counsel Mr. Garad for Claimant.

2.

The learned Counsel for Claimant submits that Respondents are duly served. He submits that he received a letter dated 24th May, 2016 from the Advocate Satyaprakash Shrivastav stating that he is concerned for Defendant Nos. 1 and 2.

3.

The learned Counsel for Claimant undertakes to file Affidavit of service within two weeks from today. Same is accepted.

4.

In spite of service, no one is present on behalf of Respondents.

Yadav VG 1/2

10.N.110.16 5.

This notice is preferred by the Claimant under Order XXI Rule 22 of the Code of Civil Procedure, 1908 for permission to file Execution Application for executing the Award dated 21st March, 2012 in Arbitration Proceedings, as there was delay of more than two years.

6.

Considering the submission made by the learned Counsel for Claimant and the averments made in Affidavit in support of Execution Application, I am satisfied that Applicant has made out the case for allowing this Notice. Hence, the following order.

ORDER

(A) Notice preferred by the Claimant under Order XXI Rule 22 of the Code of Civil Procedure for permission to file Execution Application to execute Award dated 21st March, 2012 is allowed.

(B) Applicant can proceed with the Execution Application according to law.

(C) Notice stands disposed of accordingly.

(K.K.TATED, J.) Yadav VG 2/2