Final Order 1

Order Details: Other
Pdf Text: 36
21/04/2025
EXE. APP.
463/19 @
SUM 607/17
CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. B. S. Patil for Decree holder is present.
Order below Exh-1
On perusing affidavit of service at Exh-3, it appears that
Garnishee notice is served on the Garnishee on 22.08.2023,
as per bailiff report. Further, it appears that Garnishee failed
to appear in the matter. As per the decree holder, an amount
of Rs.6,52,731.62 is due till 19.10.2022 against judgment
debtor. As per Garnishee, letter dated 01.11.2022, an amount
of Rs.4,42,161/- is due against judgment debtor. Further, it
appears from Sheriff certificate that an amount of
Rs.10,000/- is paid by Garnishee on 02.05.2022. It appears
from statement of interest submitted by decree holder,
balance due Rs.4,70,163.02. However, in Garnishee notice
decree holder has claimed interest from 19.04.2017 to
19.10.2022. The record shows that Garnishee has paid
interest from time to time between 2020 to May 2022. It
appears that as per statement of interest, an amount of
interest Rs.2,64,369.77 is due. As per Garnishee notice
decree holder is claimed an amount of Rs.6,52,731.62. Thus,
it appears after service of Garnishee notice, Garnishee failed
to appear and to file reply or comply with the Garnishee
notice. Hence, Garnishee notice is made absolute. Decree
holder to take steps against the Garnishee as per Order-21,
Rule-46(B) of Civil Procedure Code.
Execution application is disposed of.
Judge
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