The Shamrao Vithal Co-Oprative Bank Ltd v. M/S Raju Roadlines And ANR

5 n344-15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.344 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr.Devendra V. Nawadkar i/b Mr.Vishal Vijay Narkar for the Claimant CORAM : K. K. TATED, J.

DATE : SEPTEMBER 14, 2017 P.C.:

1.

Heard the learned counsel for the applicant.

2.

Advocate for the applicant submits that notice is duly served on opponent no.1. He submits that affidavit of service is already filed in the Registry. He further makes a statement that he received instruction from his client not to proceed against opponent no.2. To that effect, he has given in writing. Same is taken on record and marked 'X' for identification. Same is accepted. 3.

This notice is preferred by applicant under Order 21 Rule 22 of the Code of Civil Procedure, 1908 for permission to execute the award dated 26.2.2010.

4.

Considering the submissions made by the Mohite 1/2

5 n344-15 learned counsel for the applicant and the averments made in affidavit in support of Execution Application, I am satisfied that applicant has made out a case for allowing this notice. Hence, following order is passed:

a) Notice preferred by applicant under Order 21 Rule 22 of the Code of Civil Procedure, 1908 is made absolute in respect of opponent no.1 and proceed with Execution Application according to law.

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