Vilas Sitaram Todmal v. The Bank Of Maharashtra Through Its Principal Branch Manager And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 26.

WRIT PETITION NO. 1683 OF 2020 Vilas Sitaram Todmal

...Petitioner

Versus

The Bank of Maharashtra and others

...Respondents

Mr. D.R. Jaybhar, Advocate for petitioner C ORAM : ROHIT B. DEO , J.

DATE : 27th January, 2020 PER COURT :

1.

The petitioner, who was original defendant No.1 in Special Civil Suit No. 2/2009, suffered a money decree. 2.

The plaintiff-Bank of Maharashtra initiated execution proceedings, in which warrant of attachment is issued. 3.

The judgment and decree dated 17th March 2010 has assumed finality. No objection is lodged by the judgment debtor to the execution and the submission dated 26th November 2019 would reveal that the petitioner-Judgment debtor expressed willingness to deposit the entire amount on or before 15th January 2020. 4.

If this be so, the petitioner-judgment debtor is free to deposit the decreetal amount in the executing Court. 5.

The petition is misconceived and is dismissed. ( ROHIT B. DEO ) JUDGE Madkar