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Bombay High CourtN/1034/2017absolute

Shriram Transport Finance Co. Ltd. v. Sayyed S. Moin And ANR

2019-11-13Hon'Ble Shri Justice G. S. Kulkarni2 pages

pvr 22-23N-1034=17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 1034 OF 2017 IN EXECUTION APPLICATION NO. 831 OF 2017 Shriram Transport Finance Co. Ltd.

...Claimants

Versus

Sayyed S. Moin And Anr

...Respondents

---- Ms.Priya Rita i/b. M/s.Disha Karambar & Asso., for the Applicants/claimants.

----- CORAM : G.S. KULKARNI, J.

DATE : 13th November, 2019 P.C.:

1.

The respondents are already served. Learned Counsel for the claimants/applicants seeks leave to withdraw the notice against respondent no.2 with liberty to file a fresh proceedings. 2.

Allowed to be withdrawn with liberty as prayed for. 3.

As against respondent no.1, on 6 November 2019, the Court had passed the following order:- "1.

It is informed that the respondents are already served and Affidavit of service is already taken on record.

2.

To enable the respondents, as a matter of last opportunity, to appear in the present proceedings, stand over to 13 November 2019."

pvr 22-23N-1034=17 4.

Despite the last opportunity to respondent no.1, the respondent no.1 is not appearing. Accordingly, notice is made absolute against respondent no.1. The applicants are permitted to proceed with the execution application against respondent no.1. [G.S. KULKARNI, J.]