Abhyudaya Co-Op. Bank Ltd v. Aagre Ajit Ashok And 2 ORS.

15 n1272-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.1272 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.Nilesh Singh for the applicant CORAM : K. K. TATED, J.

DATE : NOVEMBER 21, 2017 P.C.:

1.

Heard the learned counsel for the Claimant.

2.

The learned counsel for the claimant submits that notice is duly served on the respondents and they filed affidavit of service to that effect. Statement is accepted.

3.

By this notice under Order XXI Rule 22 of the Code of Civil Procedure, 1908, Claimant is seeking permission to go on with the Execution Application to execute the award dated 30.1.2012 as there was delay of more than two years in lodging the same. 4.

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

Mohite 1/2

15 n1272-16 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 30.1.2012 is allowed b) Notice stands disposed of accordingly.

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