M/S. Loya Traders Thr. Proprietor ... vs M/S. Tulsi Agro Industries Thr. ...
2021 Latest Caselaw 10629 Bom

                                                                                                                                        0908caw606 of 2021.odt
                                                                                           1


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                                            CIVIL APPLICATION (CAW) NO.606/2021
                                                             IN
                                               WRIT PETITION NO.3599/2016 (D)

   M/s. Loya Traders, Through its proprietor Shri Rajendra Chhaganlal Loya
                                   ...Versus...
  M/s. Tulsi Agro Industries, Through its proprietor Shri Anup Mohanlal Tiwari
    Applicant : M/s. Tulsi Agro Industries, Through its Proprietor Shri Anup
                                 Mohanlal Tiwari

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- -
Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ -
                                                                         Mrs. S.W. Deshpande, Advocate for petitioner
                                                                         Shri J.B. Gandhi, Advocate for respondent/applicant


                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 09/08/2021

1. While dismissing Writ Petition No.3599/2016 by the judgment dated 17/9/2019, this Court had directed the amount of Rs.5,00,000/- deposited in this Court by the petitioner therein, for complying with the condition for grant of the ad interim order, be remitted to the Executing Court. However, the number of the execution proceeding was not mentioned, and therefore the amount could not be remitted.

2. By the present civil application it has been brought on record, that the number of the execution

0908caw606 of 2021.odt

proceeding is Execution Case No.1/2014, which is pending before the Additional District Judge, Pipariya.

3. Learned Counsel for the original petitioner, does not dispute the number of the execution proceeding, in view of which, the amount, as deposited in this Court, is directed to be remitted to the Additional District Judge, Pipariya in Execution Case No.1/2014, in pursuance to the directions as contained in para 6 of the judgment dated 17/9/2019 in Writ Petition No.3599/2016.

4. The civil application stands disposed of accordingly.

(AVINASH G. GHAROTE, J.)

Wadkar