Western Spinning Mills Pvt Ltd Kolhapur Through Its Director v. Ayodhya Ginning And Pressing Factory Through Its Proprietor And Others
2024:BHC-AUG:1043
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 15 WRIT PETITION NO. 15040 OF 2023 WESTERN SPINNING MILLS PVT LTD KOLHAPUR THROUGH ITS DIRECTOR
VERSUS
AYODHYA GINNING AND PRESSING FACTORY THROUGH ITS PROPRIETOR AND OTHERS ...
Advocate for the Petitioner : Mr. Tope Sambhaji Subhashrao Advocate for Respondent No.1:Mr.P.R.Katneshwarkar h/f Mr.P.N.Kalani ...
CORAM : ARUN R. PEDNEKER, J.
Dated : January 15, 2024 PER COURT :- 1.
The present proceeding arises out of an execution of the decree dated 18/10/2021 for an amount of Rs.42,33,946/- @ of 12% interest per annum from 16/07/2015. In pursuance of the said decree passed, an execution petition was filed by respondent No.3 against respondents No.1 and 2 on 14/12/2021. In the execution application an attachment warrant dated 04/10/2023 was issued by the learned Civil Judge Senior Division, Ambad in Darkhast No.35/2023. On the attachment order being issued against the property i.e. spinning mills
15 WP 15040-2023 machinery, building, labour houses, office, fire fighting machinery of Unit No.I and Unit No.II, the petitioner filed an application under Order 21 Rule 97 of the Code of Civil Procedure raising objection to the attachment and in the said application he had also filed an interim application for stay of the attachment. The interim prayer for stay is refused, in pursuance thereto the present petition is filed. 2.
The learned Advocate appearing for the respondent submits that the petitioner has a remedy under Order 21 Rule 58 of the Code of Civil Procedure and an appropriate application if filed in that regard can be decided by the Court. As the present decree being a money decree, the attachment order can be resisted only by filing application under Order 21 Rule 58 of the CPC. In pursuance of the submission made, the learned Advocate appearing for the petitioner seeks leave to file appropriate application under Order 21 Rule 58 of the CPC. The present petition is disposed of with liberty to the petitioner to raise objection under Order 21 Rule 58 of the CPC. If such an application is filed, the executing Court to decide the same in accordance with law within a period of four weeks. 3.
The attachment would remain on the property, however the
15 WP 15040-2023 possession of the petitioner of the attached property will not be disturbed till application under Order 21 Rule 58 is decided. The petition is disposed of accordingly.
4.
Liberty granted to raise objection within two weeks. ( ARUN R. PEDNEKER, J. ) vj gawade/-.