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Bombay High CourtWP/94/2024disposed of

Arun Govind Chavan v. Shriram Transport Finance Co. Ltd. And ANR

2024-08-22Hon'Ble Shri Justice Bharat P. Deshpande2 pages

2024:BHC-GOA:1387 WP 94 of 2024 shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.94 OF 2024 ARUN GOVIND CHAVAN ... PETITIONER

Versus

SHRIRAM TRANSPORT FINANCE CO. LTD.

AND ANR ... RESPONDENTS Mr. Nilesh V. S. Shirodkar, Advocate for the Petitioner. CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 22nd August, 2024 ORAL ORDER.

1. Heard Mr. Shirodkar learned counsel for the Petitioner.

2. The present petition is filed challenging the order dated 19.07.2023 by which the learned Executing Court rejected the objections filed by the Petitioner and then issued the show cause notice as to why he should not be arrested and be detained in the Civil Prison.

3. Though the matter is stayed by Order dated 09.08.2023 by this Court, one thing is clear that the impugned order clearly goes to show that the Petitioner is asked to show cause as to why he should not be placed in Civil Prison for not satisfying the award.

4. Mr. Shirodkar now submits that the Petitioner will file his reply to the show cause notice inorder to satisfy the Executing Court that the 22nd August, 2024

WP 94 of 2024 loan Necessary correction carried out as per order dated 26.08.2024 entire amount of the award is already paid.

5. Since the impugned order is only issuing show cause notice to the Petitioner, an opportunity could be given to the Petitioner to approach the Executing Court and to file a reply to such show cause notice.

6. The Executing Court shall decide such show cause notice on receiving a reply from the Petitioner, in a time-bound manner and preferably within a period of one month, since the execution proceedings are of the year 2014.

7. In view of the above decisions, the petition stands disposed of by giving liberty to the Petitioner to file reply to the show cause notice so as to satisfy the Executing Court about the payment of the entire loan amount.

8. Needless to mention that this Court has not gone into other contentions raised in the petition. It is for the Petitioner to satisfy the Executing Court.

9. Proceedings stands closed.

BHARAT P. DESHPANDE, J.

22nd August, 2024