Indiabulls Housing Finance Limited v. Shri Abdulkadir Bashir Khan And Another

22 n1677-15 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.1677 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Prothonotary's orders Court's or Judge's orders Mr.Nizamuddin Khan for the respondent no.1 Ms.Priya Rita i/b M/s.Disha Karambar & Associates for the claimant CORAM : K. K. TATED, J.

DATE : OCTOBER 5, 2017 P.C.:

1.

Heard the learned counsel for the parties.

2.

Advocate Mr.Nizamuddin Khan submits that he received instruction to appear on behalf of respondent no.1.

3.

The learned counsel for the Claimant submits that she received instruction not to press the present notice against respondent no.2.

4.

The present Notice is under Order XXI Rule 22 of the Code of Civil Procedure, 1908 for execution of the award dated 12.8.2012 in Arbitration Case No.355 of 2011.

5.

Considering the submissions made by the learned counsel for the Applicant and the affidavit in support of Execution Application, I am satisfied Mohite 1/2

22 n1677-15 that the Claimant has made out a case for allowing the Notice. Hence, following order is passed: a) Notice preferred by applicant under Order XXI Rule 22 of the Code of Civil Procedure, 1908 is allowed.

b) Applicant is permitted to proceed with the Execution Application to execute the decree dated 12.8.2012 according to law.

c) Notice stands disposed of accordingly.

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