Interim Order 1

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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
EXECUTION APPLICATION NO. 84 OF 2019
IN
SUMMARY SUIT NO. 261 OF 2018
M/s. Kakad Engineers and ]
Contractors ].. Plaintiff.
V/s.
1. State of Maharashtra ]
and others. ]..Defendants.
Advocate Mr. M.R. Yadav for the plaintiff/decree holder.
Advocate Mr. Kapse for the defendants/State
CORAM : HIS HONOUR JUDGE
SHRI VIDYADHAR B. KAKATKAR
(C.R.No.09).
DATE : 15th FEBRUARY, 2022
ORDER
This proceeding is filed for execution of the decree in
Summary Suit No.261 of 2018. The learned Registrar of this Court, for
satisfaction of the decree attached LOC Account of Judgment Debtor-
PWD bearing No. 6221600270. The defendant being the Government
Office, applied to the learned Registrar for raising attachment and that
is why she has referred the matter to this Court by Order passed in
roznama dated 02.02.2022.
2. Today, Mr. Anil Panad, Deputy Engineer for PWD present.
Decree Holder Mr. Mukund R. Kakad, Proprietor of M/s. Kakad
Engineers and Contractors is present.
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3. I have heard the learned advocate Mr. M.R. Yadav for
Decree Holder and Advocate Mr. Kapse for the State.
4. The Decree Holder has filed “No Objection Certificate” to
defreeze the said account by keeping Execution Proceeding No.84 of
2019 pending. This written submission dated 04.02.2022 is accepted.
The attachment of LOC Account No.6221600270 is raised. All the
rights of Decree Holder for executing the remaining part of decree by
taking appropriate steps against the other properties of Judgment
Debtor are kept alive subject to the entitlement.
5. Before parting with the order, it is necessary to note that
the Reserve Bank of India has also expressed its inability to attach the
said account, as there are no funds lying in the same. Both the learned
advocate have fairly conceded this position. Hence, I pass the following
order:
O R D E R
1. The attachment of LOC Account No.6221600270 is removed.
2. The Decree Holder may take appropriate steps for recovery of
remaining part of decree subject to the entitlement.
3. At this stage nothing remained for adjudication by the Court.
Hence, matter is sent back to the Registrar for further action
and it be removed from board of this Court. Parties to appear
before the Registrar.
(VIDYADHAR B. KAKATKAR)
Judge,
City Civil Court,
Date:15.02.2022 Gr.Mumbai.
Dictated on: 15.02.2022
Typed on : 15.02.2022
Signed on : 16.02.2022
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
17.02.2022 AT 02.50 A.M. MRS. SUPRIYA S. PAWAR
Name of the Judge (with Court Room
no.)
HHJ SHRI VIDYADHAR B.
KAKATKAR (C.R. No.09)
Date of Pronouncement of
Judgment/Order
15.02.2022
Judgment/Order signed by P.O. on 16.02.2022
Judgment/Order uploaded on 17.02.2022
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