M/S Kiran Enterprises Through Its Partner Balaji Shivdas Pawar v. The State Of Maharashtra And Others

(1) WP-1361 of 2020.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 6 WRIT PETITION NO.1361 OF 2020 M/S KIRAN ENTERPRISES THROUGH ITS PARTNER BALAJI SHIVDAS PAWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. J.N. Singh, Advocate for the petitioner.

Mr. S.W. Munde, A.G.P. for respondent 1.

...

CORAM :

Rohit B. Deo, J.

DATE :

4th February 2020.

ORDER :- .

The petition is premature and misconceived. What is referred to as an 'order', is as a fact a' show-cause notice', issued by the Executing Court to the Decree Holder as to why the amount deposited by the Judgment Debtor and withdrawn by the Decree Holder ought not be directed to be returned / deposited in view of the interim order in First Appeal 246/2018 passed by this Court.

2.

The show-cause notice cannot be termed as an order. All questions are left open. The petitioner is at liberty to challenge the fnal order, if the order is adverse. 3.

The petition is disposed of.

(ROHIT B. DEO, J.) VD_Dhirde