Order 1

Order Details: Other
Pdf Text: M.A.No. 58/18 in Exe.Appln.No. 61/18 1 Order.
in Original Suit No. 237/14.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
MISC. APPLICATION NO. 58 OF 2018
(CNR NO. MHCC010124522018)
IN
EXECUTION APPLICATION NO. 61 OF 2018
(CNR NO. MHCC010030182018)
IN
ORIGINAL SUIT NO. 237 OF 2014
M/s. Infinity Fab Engineering Company Pvt. Ltd.
A Private limited company registered under
Indian Companies Act, having its place of
business at Plot No.31 and 47,
Macche Industrial Area, Macche Belgavi,
represented by its managing director and
Authorized signatory
Shri Ravindra S/o. Vasudevrao Ganamukhi ...Decree Holder
Versus
Blue Star Limited
A Private limited company registered under
Indian Companies Act, having its place of
business at Blue Star House, 9A,
Ghatkopar Link Road,
Sakinaka, Andheri (East), Mumbai400059
Represented by and through its
Authorized signatory Mrs. Roshni Vishal Rasal ...Judgment Debtor
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.31).
DATE : 5th NOVEMBER, 2019.
Mr. Devendra Nawadkar, Advocate for Decree Holder (absent).
Mr. Rahul Kolnoorkar, Advocate for Judgment Debtor.
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M.A.No. 58/18 in Exe.Appln.No. 61/18 2 Order.
in Original Suit No. 237/14.
ORDER
This is an application submitted by J.D. under Order 21
Rule 26 of CPC seeking for stay of execution. The ld. Second CJSD,
Belagavi (Karnataka) issued a decree in Suit No. 237/2014 on
04/08/2015 and sent the execution to this Court.
2. Ld. Advocate Kolnoorkar for J.D. submitted that it is an ex
parte decree issued by ld. Second CJSD, Belagavi on 04/08/2015.
According to J.D., there was no proper service of summons and no
opportunity was granted to the defendant J.D. to contest the suit. The
J.D. has preferred an application for condonation of delay which has
been granted by the ld. Court at Belagavi on 22/07/2017 subject to cost
of Rs.5,000/. Accordingly, the petition under Order 9 Rule 13 of CPC is
pending before the decreetal Court to set aside the exparte decree.
3. Ld. Advocate Kolnoorkar submits that meanwhile D.H. has
obtained attachment warrant. Hence it is claimed for stay of further
order of Ld. Second CJSD, Belagavi.
4. Perused reply submitted by D.H. It is contended that J.D.
has failed to prefer appeal in reasonable time. It is added that
executing Court cannot travel beyond the decree. It is requested to
reject the application.
5. On perusal of roznama, since 07/06/2019 none remain
present on behalf of D.H.
6. On perusal of order of decreetal court i.e. ld. CJSD,
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M.A.No. 58/18 in Exe.Appln.No. 61/18 3 Order.
in Original Suit No. 237/14.
Belagavi, the delay of 193 days has been condoned on 22/07/2017.
Court of ld. decreetal court has granted the permission to put the
petition under Order 9 Rule 13 of CPC. In such circumstances, it would
be improper to proceed with execution petition and attachment of
property of J.D.
7. As ld. Second CJSD, Belagavi has granted the permission to
prefer petition under Order 9 Rule 13 of CPC, it would be appropriate
to wait till further order, till then it would be improper to proceed with
attachment of property as claimed by D.H. Ld. Advocate for J.D.
submits that the cost of Rs.5,000/ has been deposited by the J.D. in
compliance of the order dated 22/07/2017 issued by ld. CJSD,
Belagavi. Considering all facts in total, present execution petition is
stayed for 6 months under Order 21 Rule 26 of the CPC. Hence the
order :
ORDER
1. Misc. Application No. 58/2018 is allowed.
2. Present execution petition and decree in Civil Suit
237/2014 issued by Ld. CJSD, Belagavi, dated 04/08/2015
is stayed.
3. Attachment warrant issued by this Court, if any, be stayed
for 6 months from today.
4. M.A.No. 58/18 is disposed off accordingly.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 05/11/2019. Mumbai.
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M.A.No. 58/18 in Exe.Appln.No. 61/18 4 Order.
in Original Suit No. 237/14.
1. Dictated on : 05/11/2019.
2. Transcribed on : 06/11/2019.
3. Signed on : 07/11/2019.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
07/11/2019. 3.19 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.31).
Date of Pronouncement of Judgment/Order 05/11/2019.
Judgment/Order signed by P.O. on 07/11/2019.
Judgment/Order uploaded on 07/11/2019.
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