L And T Housing Finance Ltd v. Geeta Agarwal And 2 ORS

19.187.16-n FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.187/2016 IN EXECUTION APPLICATION NO.162/2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Shital Londhe i/b. Rajan Pillai for the applicant CORAM : K. K. TATED, J.

DATE : NOVEMBER 30, 2017 P.C.:

1.

Heard. The learned counsel for the claimant submits that the Respondents are duly served. The statement made by the learned counsel for the claimant is accepted.

2.

This notice is filed by the claimant under order XXI Rule 22 of the Code of Civil Procedure, 1908 for permission to proceed with the Execution of award dated 31.05.2013. She submits that there was delay on their part to file the Execution Application within limitation i.e. two years. Hence, they filed the Notice.

3.

Considering the submissions made by the Basavraj G Patil 1/2

19.187.16-n learned counsel for the claimant and affidavit in support of the Execution Application, I am satisfied that the claimant has made out a case for allowing this Notice.

4.

Hence, following order is passed.

a.

Notice filed by the claimant under Order XXI Rule 22 of the Code of Civil Procedure, 1908 is allowed.

b.

The claimant is directed to proceed with execution of the award as per law.

c.

Notice stands disposed of accordingly.

JUDGE Basavraj G Patil 2/2