Hansa Jatwani v. Rushi Realty (India) Private Limited And 9 ORS.

16-JO-176-2017.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION JUDGES ORDER NO. 176 OF 2017 IN EXECUTION APPLICATION [L] NO. 1276 OF 2017 IN SUIT NO. 732 OF 2015 HANSA DALEEP JATWANI ] APPLICANT

IN THE MATTER BETWEEN:

HANSA DALEEP JATWANI ] JUDGMENT CREDITOR/ PLAINTIFF Vs.

1. RUSHI REALTY [INDIA] ] PRIVATE LIMITED & ORS.

] JUDGMENT DEBTOR/ (ORG. DEFT. NOS. 1 TO 4) T.R. THAKKAR [H.U.F] & ORS.

] ORG. DEFTS. 5 TO 10 .....

Mr. Shah a/w Mr. Panday a/w Mr. Sunil Chavan for judgment creditors/plaintiffs i/b L.J. Law.

......

CORAM:

K.K. TATED, J.

DATED :

10th November, 2017.

P.C. :

Heard learned Counsel for the plaintiff. Learned Counsel for the plaintiff submits that by this Judges Order, they are seeking permission to file Execution Application for executing the decree dated 13th January, 2016. He submits that though they already applied for certified copies of the decree, the same is pending. Hence, they made this application as provided under Rule 314 of the Bombay High Court Original Side Rules. He submits that this Court by order dated 13th 1/2

16-JO-176-2017.odt January, 2016 passed the decree in Suit No. 732 of 2015 in terms of consent terms. As the defendants failed and neglected to comply the consent terms, they want urgent order in Execution Application. 2.

Considering the submission made by learned Counsel for the plaintiff and as the plaintiff is seeking permission to execute consent decree passed by this Court, I am satisfied that the plaintiff has made out a case for allowing this Judges order. Same is allowed. (K.K. TATED, J.) 2/2