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Bombay High CourtIA/2726/2023disposed off

Mohd. Rasul Ismail v. Omar M. Poothawala And 9 ORS.

2023-08-21Hon'Ble Shri Justice S. M. Modak2 pages

8. IA 2726 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2726 OF 2023 IN EXECUTION APPLICATION (L) NO. 449 OF 2019 Mohd. Rasul Ismail ...Applicant vs.

Omar M. Poothawala and 9 Ors.

...Respondents

***** Adv. Deepa Pohuja a/w Adv. Asfiya Khan i/by J Law Associates - Advocate for the Applicant in IA 2726 of 2023 ***** CORAM :

S. M. MODAK, J.

DATE :

21st AUGUST, 2023 P. C. :- 1.

Heard learned Advocate for the Applicant/Judgment Creditor.

2.

Office has taken an objection on 12/04/2019. By way of additional affidavit dated 19/05/2019, the Applicant claims that they have complied. However, without considering the compliance, fresh objections were taken and four weeks time was granted to remove them by learned Prothonotary as per order dated 19/06/2023. They could not be removed. Hence execution was by SEEMA KSHITIJ YELKAR Date:

2023.08.22 10:56:06 +0530 SEEMA KSHITIJ YELKAR Seema 1/2

8. IA 2726 of 2023.doc dismissed.

3.

Considering the reasons stated in the application, the Order of the automatic rejection is recalled and execution is restored. Let all those objections, if any, be complied with within two weeks from today.

4.

Interim application is accordingly disposed of. [S. M. MODAK, J.] Seema 2/2