M/S Shriram Transport Finance Co Ltd v. Mohd. Rafikali Dado Khan And ANR

Digitally signed by MUGDHA M PARANJAPE Date:

2023.06.07 16:20:49 +0530 MUGDHA M PARANJAPE 1 30-N 273-17 in EXA 148-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.273 OF 2017 IN EXECUTION APPLICATION NO.148 OF 2017 IN ARBITRATION CASE NO.995 OF 2013 M/s. Shriram Transport Finance Co. Ltd.

... Claimant V/s.

Mohd Rafikali Dado Khan & Anr.

... Respondents ----- Ms. Sunitha Perumal i/by Sachin V. Masurkar for the Claimant. ----- CORAM :

ARIF S. DOCTOR, J.

DATE :

07TH JUNE 2023 P.C. :

1.

The present Notice has been issued under the provisions of Order XXI Rule 22 of the Code of Civil Procedure, 1908. 2.

Learned Counsel appearing on behalf of the Claimant submits that the said Notice has been duly served upon the Respondents. She relies upon an Affidavit of Service dated 28 th March, 2018 of one Rajkumar Tiwari to prove due service. She submits that despite this, the Respondents have not appeared. Mugdha

2 30-N 273-17 in EXA 148-17.doc 3.

In view thereof, there is no impediment in proceedings with the Execution Application. Therefore, the Execution Application to proceed accordingly. The present Notice stands disposed of in terms of the present order. (ARIF S. DOCTOR, J.) Mugdha