Interim Order 1

Order Details: Order below exhibit
Pdf Text: Execution Application No. 3/2020. 1 Order below Exh.8.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
APPLICATION (EXHIBIT 8)
IN
EXECUTION APPLICATION NO. 3/2020
IN
CASE NO. CC/III/41 OF 2011
(On the file of Cooperative Court No.III, Mumbai)
Mr. B.S. Rath )...Org. Disputant/Decree Holder
Versus
The Jai Ganesh CHS Ltd. & Ors. )...Opponents/Judgment Debtors
CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.
(COURT ROOM NO.66).
(Incharge of Court Room No.63).
DATE : 23rd AUGUST, 2022.
Ms. Joyce S. Rath, Advocate for the Org. Disputant/Decree Holder.
None for Opponents/Judgment Debtors.
ORDER BELOW EXHIBIT 8.
1. This is an application for issuance of warrant under Order
XXI Rule 30 r/w Rule 31(1) and 38 of the CPC against the judgment
debtor. Heard learned counsel Joyce Rath for the decree holder.
2. On perusal of the record, it appears that Cooperative Court
had passed Award in Case No. CC/III/41 of 2011 on 15/02/2019
against the opponent society giving several directions for repairs of the
central pillar of the suit flat at their own cost. Similarly, many other
directions are given in the Award. Decree holder has relied upon
chargesheet filed in respect of irregularities of judgment debtor and its
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Execution Application No. 3/2020. 2 Order below Exh.8.
functioning. Similarly, the decree holder filed Writ Petition No.
973/2020 before Hon'ble High Court raising grievance regarding repairs
of his flat by the society.
3. Immovable property is attached on 21/03/2020 and
movable property is attached on 05/03/2021 as per Exh.G and H
annexed with this application. As the judgment debtor is not carrying
out necessary repairs as per directions in the Award, the decree holder
is pressing the order of arrest warrant. Considering nature of the
dispute, it would be appropriate to issue show cause notice to the
judgment debtor under Order XXI Rule 37 of the CPC to the judgment
debtor before proceeding ahead. Hence, I pass the following order :
ORDER
Issue notice under Order XXI Rule 37 of the CPC to the
Judgment Debtor.
(R.R.BHAGWAT)
Judge,
City Civil Court,
(Court Room No.66)
Incharge of Court Room No.63
Date : 23/08/2022. Mumbai.
1. Dictated online on : 23/08/2022.
2. Corrected on : 24/08/2022.
3. Signed on : 24/08/2022.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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Execution Application No. 3/2020. 3 Order below Exh.8.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
24/08/2022. 5.34 p.m. Miss M.A.Kulkarni.
Name of the Judge (with Court Room no.) HHJ Shri R.R.Bhagwat.
(Court Room No.66).
Date of Pronouncement of Judgment/Order 23/08/2022.
Judgment/Order signed by P.O. on 24/08/2022.
Judgment/Order uploaded on 24/08/2022.
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