L And T Housing Finance Ltd v. Hitesh Hasmukh Sheth And 2 ORS

23 n190-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.190 OF 2016 IN EXECUTION APPLICATION NO.157 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr.R.V.Pillai for the applicant CORAM : K. K. TATED, J.

DATE : DECEMBER 4, 2017 P.C.:

1.

Heard the learned counsel for the Claimant.

2.

The learned counsel for the Claimant submits that they already served all the respondents and filed affidavit of service dated 20.11.2017. Inspite of service, no one appeared on behalf of respondents.

3.

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 22.12.2012. There is delay on their part to proceed with the Execution Application.

4.

Considering the submissions made by the learned counsel for the Claimant and the Mohite 1/2

23 n190-16 averments made in the affidavit of service of Execution Application and inspite of service no one appeared on behalf of respondent, I am satisfied that the Claimant has made out a case for allowing the notice. Hence, following order:

a) Notice preferred by Claimant under Order XXI Rule 22 of the Code of Civil Procedure, 1908 to proceed with the Execution Application to execute the award dated 22.12.2012 is allowed.

b) Claimant can proceed with the Execution Application as per rules.

c) Notice stands disposed of accordingly.

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