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Bombay High CourtWP/9019/2019disposed offdismissed for default

Shri Agrasen Sahakari Patsanstha Through Liquidator v. Sulochanadevi Purushottam Gingodiya

2019-07-25Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

916-wp-9019-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9019 OF 2019 SHRI AGRASEN SAHAKARI PATSANSTHA THROUGH LIQUIDATOR

VERSUS

SULOCHANADEVI PURUSHOTTAM GINGODIYA ...

Advocate for the Petitioner : Shri A. V. Hon ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 25th JULY, 2019.

...

PER COURT :

1.

The petitioner is aggrieved by the order dated 25/07/2016, by which, the Executing Court did not permit the petitioner to take back the attached articles which are 20 in numbers. It is submitted that the attached articles contain 4 computers. These computers have a precious data of the petitioner. The said data is necessary and it was on this count that the petitioner has moved an application. 2.

The learned Advocate for the petitioner submits on instructions that the petitioner is prepared to file a fresh application before the Executing Court requesting for

916-wp-9019-19.odt permission to access the computers which are presently in the custody of the decree holders so as to download the data on to a portable hard disk or allow access to a technician to operate the computers so as to retrieve the data on a portable hard disk. This would serve the requirements of the petitioner. 3.

In view of the above, this petition is disposed off with liberty to the petitioner to file an application for the reasons as recorded above.

4.

Needless to state, the Trial Court would consider the said application by hearing all the litigating sides, on its own merits, keeping in view the importance of safeguarding the data available in the 4 computers and for retrieving such data. (RAVINDRA V. GHUGE, J.) shp/-