Dilip Keru Mote v. Ahmednagar Shahar Sahakari Bank Maryadit Through Managing Director And Others

947 WP 4880 22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 WRIT PETITION NO.4880 OF 2022 DILIP KERU MOTE

VERSUS

AHMEDNAGAR SHAHAR SAHAKARI BANK MARYADIT THROUGH MANAGING DIRECTOR AND OTHERS ...

Advocate for Petitioner : Mr. Temak Rahul B.

CORAM

: MANGESH S. PATIL, J.

DATE : 08.07.2022.

PER COURT :

Heard.

2.

The petitioner is the judgment debtor No. 2 challenging the order passed by the executing court on an application of the respondent/decree holder seeking amendment of the execution petition. 3.

Even according to the petitioner, it is a money decree. A compromise in the form of one time settlement was arrived at between the decree holder and the principal borrower. A cheque that was issued towards the payment of a part of such one time settlement amount was dishonoured and the decree holder now intends to bring on record and restrict the execution to a specific amount covered by that cheque plus interest.

4.

The petitioner is a guarantor. The executing court has merely permitted the decree holder to make necessary correction in the execution petition. If the petitioner intends to raise any dispute as 1/2

947 WP 4880 22.odt regards execution, discharge or satisfaction of the decree, he has his own remedies under Section 47 of the Code of Civil Procedure. There is no illegality in the order.

5.

The Writ Petition is dismissed.

(MANGESH S. PATIL, J.) mkd/- 2/2