Bombay High CourtWP/2993/2018disposed offdismissed for default

Rajiv Vishnu Dev v. Swami Vivekanand Urban Co Operative Credit Society Ltd Through Its Manager And Others

2018-03-27Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 910wp2993o18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2993 OF 2018 RAJIV VISHNU DEV

VERSUS

SWAMI VIVEKANAND URBAN CO OPERATIVE CREDIT SOCIETY LTD THROUGH ITS MANAGER AND OTHERS ...

Advocate for the Petitioner : Shri Wani Girish V.. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 27th March, 2018 Per Court:

I have considered the submissions of the learned Advocate for the Petitioner.

The order of attachment dated 14.11.2014 passed by the Executing Court below application Exhibit-31 in Special Darkhast No.22/2014 (old Special Darkhast No.19/2010) is sought to be challenged by this petition filed on 30.01.2018. The learned Advocate for the Petitioner has drawn my attention to the pleadings in paragraph 7 of the petition as being the grounds supportive of the delay caused in filing this petition. I am not convinced by the said grounds for which, this petition could be entertained as against the order passed on 14.11.2014 in the execution

*2* 910wp2993o18 proceedings, which are instituted in 2010.

In the alternative, the learned Advocate for the Petitioner submits that his application Exhibit-43 filed before the Executing Court on 16.02.2015 is still pending and the Executing Court may at least decide the said application.

Considering the above, this Writ Petition is disposed of. The Executing Court would be at liberty to decide the pending application Exhibit-43.

kps (RAVINDRA V. GHUGE, J.)