Order 4

Order Details: Order
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IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
44TH COURT, ANDHERI, MUMBAI.
C.C.No.315/DV/2018
Padmavati Venugopal Balla … Applicant
V/s
Venugopal Balla … Respondent
ORDER BELOW THE APPLICATION FOR STAY OF EXECUTION OF THE
DISTRESS WARRANT
(Passed on 23/04/2025)
Today the respondent, Venugopal against whom the distress
warrant for recovery of the maintenance amount is issued, has filed the
application for cancellation of distress warrant on the ground that he is
ready to pay the due amount within the considerable period. He also
undertakes to pay the amount by selling his house situated at Domivali,
Mumbai.
2. Per contra, the learned advocate for the applicant opposed
this application on the ground that there is outstanding maintenance
amount of Rs.21,60,000/- and the respondent deliberately delayed in
making the payment thereof. According to the applicant, her daughter
is taking medical education and she is in need of money to deposit the
fees and other fundamental expenses. Hence, this application came to
be opposed.
3. Having heard the learned advocates for both the sides, I
perused the record.
4. In view of the distress warrant, the respondent deposited
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the amount of Rs.3,06,000/- till 09/04/2025 in the Court towards the
maintenance amount. Today he has paid Rs.50,000/- to the applicant
as the maintenance amount. It is pertinent to note here that the
respondent has filed the application before this Court today and thereby
expressed his willingness to settle the matter amicably. Hence, having
regard to the part payment made by the respondent and his willingness
to settle the matter, in my opinion, it would be justified to stay the
execution of distress warrant until further order under section 28 of
Protection of Women for Domestic Violence Act. However, it is hereby
made clear that the respondent shall continue to pay the due amount to
the applicant on the fixed date till the matter is settled. With this
direction, the application for cancellation of distress warrant is disposed
of. Both the parties shall take note of this order.
Sd/-
( Sujitkumar C. Tayde )
Judicial Magistrate First Class,
Date :- 23/04/2025 44th Court, Andheri, Mumbai.
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