← Library
Bombay High CourtWP/7987/2018disposed offdismissed for default

Ramkishan Vithal Padwal And Others v. The State Of Maharashtra And Another

2019-02-20Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

1 wp 7987.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7987 OF 2018 RAMKISHAN VITHAL PADWAL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Petitioners :

Mr. Sontakke Gajanan K. and Mrs. Sontakke Priyendra G.

Addl.G.P. for Respondent No. 1 : Mr. P. S. Patil Advocate for Respondent No. 2 : Mr. P. R. Tandale ...

CORAM: S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE:

th FEBRUARY, 2019 PER COURT :

1.

It is submitted that Reference filed by the petitioners was partly allowed. The petitioners filed Special Darkhast No. 402 of 2008 for execution of the said judgment and award. The warrant was also issued, however, as yet no steps are taken for payment of the amount.

2.

In fact, the executing Court ought to have taken further steps for recovery of the amount in case the award of the reference Court is not

2 wp 7987.18 stayed.

3.

The executing Court should proceed ahead with the execution in case there is no stay to the award passed by the reference Court, and shall see to it that the decree is satisfied. The same shall be done expeditiously and preferably within a period of six (06) months from today.

4.

Writ Petition stands disposed of accordingly. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] marathe