Vilas Vikas Sahakari Sakhar ... vs Labh Sales Corporation And ...
2021 Latest Caselaw 574 Bom

                                  1                   WP 249.2021.odt

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                     16 WRIT PETITION NO.249 OF 2021

       VILAS VIKAS SAHAKARI SAKHAR KARKHANA LTD.,
             UNIT-2 ARVIND NAGAR THROUGH ITS
                     AUTHORIZED OFFICER.
                              VERSUS
          LABH SALES CORPORATION AND ANOTHER
                                 ...
     Advocate for Petitioner : Mr. V D Hon Senior Counsel i/b
                         Mr. Hon Ashwin V.
                                 ...
                    CORAM : V.K. JADHAV, J.

Dated: January 11, 2021 ...

PER COURT :-

Learned senior counsel submits that the petitioner

is the purchaser of the J.D. Sugar Factory. The learned

Judge of the Executing Court has not only rejected the

objection petition fled by the petitioner at Exh.81 but

also rejected the application Exh.89 to call the offcial

liquidator as a witness or production of the account

books of the Judgment Debtor. Learned Senior Counsel

submits that the decretal amount was not shown in the

account books of the original J.D. on the liability side,

which is against the tender document and, therefore,

the same is out of the purview of the execution

aaa/-

                                         2                     WP 249.2021.odt

     proceedings.              However, the executing Court neither

considered the same nor permitted the petitioner herein

to examine the liquidator as his witness by calling the

record pertaining to the accounts maintained by the

original judgment debtor. In view of the above, issue

notice to the respondents/original judgment debtor,

returnable on 25.1.2021. Humdast allowed.

( V.K. JADHAV, J. ) ...

aaa/-