L And T Housing Finance Limited v. Mr. Mohammed Umer Qureshi And ANR And ANR

11 n189-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.189 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Ms.Shital Londhe i/b Mr.R.V.Pillai for the applicant Mr.Siddhesh Chincharkar i/b Mr.U.P.Warunjikar for the respondent no.1 CORAM : K. K. TATED, J.

DATE : NOVEMBER 9, 2017 P.C.:

1.

Heard the learned counsel for the parties.

2.

This notice is preferred by Claimant under Order XXI Rule 22 of the Code of Civil Procedure, 1908 for permission to proceed with the Execution Application to execute the award dated 23.12.2009.

3.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the affidavit in support of Execution Application, I am satisfied that the Claimant has made out a case for allowing the present notice. Hence, following order:

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11 n189-16 a) Notice under Order XXI Rule 22 of the Code of Civil Procedure, 1908 preferred by the Claimant is made absolute.

b) Claimant can proceed with the Execution Application to execute the award dated 23.12.2009 according to law.

c) Claimant is directed to provide papers and proceedings of Execution Application No.164 of 2016 allowing all annexures to the advocate for respondent no.1 within 3 weeks from today.

d) Notice stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2