Mohammad Imamul Haque Mazharul Haque Through His Power Of Attorney Holder v. M/S Shiva Enterprises A Partnership Firm And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 WRIT PETITION NO.13962 OF 2021 MOHAMMAD IMAMUL HAQUE MAZHARUL HAQUE THROUGH HIS POWER OF ATTORNEY HOLDER

VERSUS

M/S SHIVA ENTERPRISES A PARTNERSHIP FIRM AND OTHERS ...

Mr. A.A. Joshi, Advocate h/f. Mr. Sharad V. Natu, Advocate for Petitioner Mr. A.R. Kale, AGP for the Respondent / State ...

CORAM

: S. V. GANGAPURWALA AND S. G. DIGE, JJ.

DATE : 14-12-2021 PER COURT :

1.

The execution proceedings filed by the petitioner is pending. The learned Counsel for the petitioner submits that the applications are filed by the petitioner for issuing warrant of arrest and directions to the judgment debtor to disclose the assets, however the same are not decided.

2.

This Court is not aware about the extant pendency of the proceeding before the concerned Court.

3.

The petitioner may make a request to the Court where the execution proceeding filed by the petitioner is pending for taking Gajanan

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decision on the applications within a reasonable time. If in spite of the request of the petitioner for deciding the applications the same are not decided, then the petitioner may move this Court. 4.

Needless to state, once the applications are filed by the party, the Court where the applications are pending is bound to decide it. 5.

Writ Petition is disposed of. No costs.

( S. G. DIGE ) ( S. V. GANGAPURWALA ) JUDGE JUDGE ...

Gajanan