M/S. Reliance Capital Limited v. Gurunanak Travels And 2 ORS.

8.N.1340.16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 1340 OF 2016 IN EXECUTION APPLICATION NO. 347 OF 2016 IN ARBITRATION PROCEEDING NO. 454 OF 2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Ms. Aaushi Shah I/by India Law for Claimant.

------- CORAM : K. K. TATED, J.

DATE : NOVEMBER 29, 2017 P.C.:

.

Heard learned Counsel Ms. Shah for Claimant.

2.

The learned Counsel for Claimant submits that Notice is duly served on Respondents through the office of Deputy Sherif's. She submits that Mr. A. D. Shaikh, Clerk and Bailiff from the office of Sheriff of Bombay has signed the Affidavit of service dated 12th May, 2017 stating that service is effected on Respondents.

3.

The learned Counsel for Claimant submits that along with the Clerk of the Sheriff of Bombay they have represented with Mr. Amol Suradkar. She submits that now Mr. Suradkar left Yadav VG 1/2

8.N.1340.16 their organization. Hence, it is not possible for them to take his signature. Therefore, they have filed Affidavit of service duly affirmed by Bailiff only. Same is taken on record.

4.

As the Respondents are duly served and the present Notice is under Order XXI Rule 22 of the Code of Civil Procedure for execution of the Award dated 11th April, 2011, considering the submission made by the learned Counsel for Claimant and the averments made in affidavit in support of Execution Application, I am satisfied that Claimant has made out the case for allowing this Notice. Hence, the following order.

ORDER

(A) Notice preferred by the Claimant under Order XXI Rule 22 of the Code of Civil Procedure is allowed.

(B) Claimant can proceeded with Execution Application to execute the Award dated 11th April, 2011.

(C) Notice stands disposed of accordingly.

(K.K.TATED, J.) Yadav VG 2/2