Interim Order 2

Order Details: Order below exhibit
Pdf Text: Order on Exh. 33 in
Exe Appln No. 54 of 2020 1
MHCC010006172020
IN THE BOMBAY CITY CIVIL COURT FOR
GREATER MUMBAI
ORDER BELOW EXH. 33
IN
EXECUTION APPLICATION NO. 54 of 2020
Jayprakash Atmaram Thakur. ....Plaintiff.
V/s.
Shri. Shashidhar Babu Shetty. ....Defendant.
Appearances :-
Adv.Mrs.Swati Thakur for DH/plaintiff .
Adv.V.V.Yelve for JD/defendant.
Coram : Smt. Ashwini V. Kasture.
C.R. No.: 59.
Date : 03/09/2024.
ORDER
This is an application for giving direction to the
police. According to the Decree Holder, he tried through bailiff to
execute arrest warrant against Judgment Debtor. However, Judgment
Debtor was not found at his house. The bailiff report to that effect is
submitted in the Court. The arrest warrant was attempted five times
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Order on Exh. 33 in
Exe Appln No. 54 of 2020 2
and all the times Judgment Debtor was not found at his residence.
Judgment Debtor is avoiding payment of decreetal amount to the
Decree Holder with faith and malafide intention. The Judgment Debtor
had submitted before the Court in application dated 27.07.2020
(Exhibit-24) that he would make balance payment within two months
however, he failed to do so. This amounts to contempt of Court. Since
July 2023 the Judgment Debtor has neither paid any of the decreetal
amount nor appeared before this Court. He had made first payment in
August 2022 and second payment in July 2023
2. It is further submitted by the Decree Holder that Judgment
Holder had also filed Anticipatory Bail application in MA No. 281 of
2023 in ABA No. 869 of 2022 which came to be rejected by the Court.
He has Criminal history of cheating by borrowing money with the
pretext of giving partnership in his business. Now, the Judgment Debtor
is absconding. He further submitted that the bailiff and sherrif
department is not capable to find Judgment Debtor hence, now, it is
necessary that arrest warrant be handed over to the police department
to find the Judgment Debtor by tracking his mobile phone 9773131110
and brough him before this Court.
3. Lastly the Decree Holder prayed for necessary orders to be
given to the concern police station (Kanjurmarg Police Station) to
execute the said warrant.
4. Heard Ld. Advocate for the Decree Holder. Perusal of the
record shows that it is fact that arrest warrant issued against Judgment
Debtor has not been served through bailiff. The decree holder therefore
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Order on Exh. 33 in
Exe Appln No. 54 of 2020 3
has prayed to direct the Police Department to serve the said arrest
warrant. However, no such provision in the Code of Civil Procedure to
execute the arrest wararnt through police has been shown by the
Decree/Holder plaintiff. Hence, I pass the following order
ORDER
(i) The application at Exh.33 stands rejected.
(ii) The application at Exh. 33 is disposed of accordingly.
(Dictated and Pronounced in Open Court).
(A.V. Kasture)
Judge,
City Civil and Sessions Court
Date.:03.09.2024 Greater Bombay (CR 59).
Declared on : 03.09.2024
Direct Typed on : 03.09.2024.
Checked on : 06.09.2024
Signed on : 12.09.2024
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