Duratex Silk Mills Pvt Ltd v. Ahuja Fabrics

12- EXA NO.3453-2024 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 336 OF 2025 IN EXECUTION APPLICATION NO. 3453 OF 2024 WITH NOTICE NO. 76 OF 2025 IN EXECUTION APPLICATION NO. 3453 OF 2024.

Duratex Silk Mills Pvt. Ltd.

...Applicant V/s.

Ahuja Fabrics

...Respondent

Mr. Reagan Rodrigues i/b. Flavia Legal, Advocate for the Applicant. None for the Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

15 DECEMBER 2025 P.C. :

Notice No. 336 of 2025 1.

At the outset, when the matter is called out Mr. Reagan Rodrigues learned Counsel appears for the Execution Applicant and seeks to withdraw the notice.

2.

Notice stands disposed as withdrawn.

3.

Swapnil Jadhav 1/2

12- EXA NO.3453-2024 .doc Notice No. 76 of 2025 4.

Mr. Reagan Rodrigues appearing for the Execution Applicant submits that, this notice under Order 21 Rule 22 of the Code of Civil Procedure, 1908 ( the "CPC") has been served and yet neither there is any response nor anyone appears for the Respondent. Mr. Reagan Rodrigues submits that the Bailiff of the Sheriff's Office has served the said notice on the Respondent on 18th September 2025 which is clear from the report dated 20th September 2025. Mr. Reagan Rodrigues submits that, this Court may therefore making notice absolute and direct the department to proceed with the execution. 5.

Having heard the learned counsel and having considered the submissions, this Court is of the view that the notice under Order 21 Rule 22 of CPC be made absolute. The department to accordingly proceed with the execution of the award dated 22nd October 2018 in accordance with law.

(ABHAY AHUJA, J.) Swapnil Jadhav 2/2