M/S H H Rupani Through Its Partner Harshad Himmatlal Rupani v. The Chairman Water Supply And Sanitation Department Mantralaya Mumbai And Others

925 WP.14379.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

925 WRIT PETITION NO. 14379 OF 2017 M/S H. H. RUPANI, ENGINEERS & CONTRACTORS, THROUGH ITS PARTNER HARSHAD HIMMATLAL RUPANI

VERSUS

THE CHAIRMAN, WATER SUPPLY AND SANITATION DEPARTMENT MANTRALAYA MUMBAI AND OTHERS ...

Advocate for Petitioner : Mr. Girish K. Thigale (Naik). ...

CORAM :

V. K. JADHAV, J.

DATE :

13th December, 2017.

ORDER:

.

The learned counsel for Petitioner submits that the Petitioner / decree holder has filed applications Exhibits 18 and 19 for attachment of the bank accounts of the Respondent / judgment debtor Maharashtra Jeevan Pradhikaran as detailed in paragraph 2 of the application Exhibit 18. By order dated 2nd December, 2016, the District Judge-1, Beed, however, has directed the attachment of only one account of said Pradhikaran with State Bank of India. The Petitioner / decree holder has thereafter, filed an application Exhibit 30 to the extent that the Manager of the State Bank of India be directed to deposit the amount lying in the said bank account of Maharashtra Jeevan Pradhikaran in the Court. The learned District Judge-1 by order dated 1st July, 2017 has allowed the said application in terms of

925 WP.14379.17.odt its prayer clause. The learned counsel for Petitioner submits that the total amount under the decree as on order dated 1st July, 2017 is near about Rs.4,00,14,185/-.

The learned counsel for Petitioner, on instructions, seeks leave to withdraw this writ petition with liberty to file an application before the Executing Court for attachment of the remaining two accounts. I find no difficulty in granting the liberty as sought by the Petitioner since the amount lying in one account which has been directed to be attached is less than the amount under the award sought to be executed before the Court. Leave granted. The writ petition is disposed of as withdrawn with liberty as aforesaid. In case, if such an application is filed before the Executing Court, the Executing Court shall decide the said application within a period of six weeks.

[ V. K. JADHAV, J. ] ndm