Laxmi Auto Spares, Rep. By Its Prop., Vijaykumar Kashinath Padke And ANR., v. Bank Of India, Rep. By Its Poa, Emanuel De Jesus Assis Da Gloria Da Gana Furtado And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 424 OF 2019 LAXMI AUTO SPARES, REP. BY ITS PROP., VIJAYKUMAR KASHINATH PADKE AND ANR., ... Petitioners

Versus

BANK OF INDIA, REP. BY ITS POA, EMANUEL DE JESUS ASSIS DA GLORIA DA GANA FURTADO AND ANR., ... Respondents Mr. Tari Ulhas Kamlakant, Advocate for the Petitioners. Coram:- C. V. BHADANG, J.

Date:- 3rd May 2019 P.C.

Heard Mr. Tari, the learned Counsel for the petitioners. Perused record.

2. By this petition, the petitioners who are the judgment debtors 1 and 2 and the principal borrowers, are challenging the order dated 28.03.2019 passed by the Executing Court below exhibit

35. By the impugned order, the Executing Court has directed issuance of warrant of sale under Order 21 Rule 66 of Civil Procedure Code.

3. Mr. Tari, the learned Counsel for the petitioners has raised a solitary contention that the respondent no.2, who is the

WP/424/2019 guarantor, is not noticed. The learned Executing Court has considered this contention and has rightly refused to accept the same, inasmuch as under the Decree, which is sought to be executed, the petitioners and the respondent no.2 are held to be jointly and severally liable to pay the decretal amount to the first respondent.

4. In such circumstances, the contention, in my considered view, cannot be accepted. The petition is without any merit and is accordingly dismissed.

C. V. BHADANG, J.

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