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Bombay High CourtWP/681/2015rejected at admission stage

M/S. Lalchand Mehta And Sons Through Partners Vinodkumar Lalchand Mehta And Others v. Neelamchand Harakchand Mehta And Others

2015-07-15Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.681 OF 2015 M/s Lalchand Mehta & Sons through Partners PETITIONERS

VERSUS

Neelamchand Harakchand Mehta & others RESPONDENTS .......

Mr. Shailesh P. Brahme, Advocate for the petitioners Mr. V. C. Solshe, Advocate for respondent No.1 Mr. S. B. Yawalkar, Advocate for respondents No.2A to 2C Mr. S. H. Jadhav, Advocate for respondent No.3 .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 15 th JULY, 2015 ORDER :

1.

After hearing learned advocates for the parties, it appears that execution of decree passed in Special Civil Suit No.66 of 1980 is getting dodged by judgment debtors or at their behest by their relatives, which is apparent from the contents of paragraphs No. 10 to 13 of the impugned order dated 17th October, 2014. Additionally, this court, while passing order on 5th February, 2015 had directed the petitioners to deposit an aggregate amount of Rs.30,00,000/-. That condition as well does not appear to have been complied with.

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Looking at aforesaid and the observations as are appearing in paragraphs No. 10 to 13 of the impugned order and looking at that learned advocate for the petitioners has not be able to controvert the same, I do not think that the writ petition deserves any consideration.

3.

Writ petition, as such, stands rejected.

4.

In view of disposal of writ petition, pending civil application does not survive and stands disposed of.

[SUNIL P. DESHMUKH, J.] drp/wp681-15