Prakash Adhikrao Patil vs Anil Ramesh Pawar
2021 Latest Caselaw 15718 Bom

         Digitally signed
SONALI   by SONALI
         MILIND PATIL
MILIND   Date:
         2021.11.09
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                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                               CIVIL REVISION APPLICATION NO. 223 OF 2021

                 Prakash Adhikrao Patil                               ... Applicant
                           Vs.
                 Anil Ramesh Pawar                                    ... Respondent


                                               ...........
                 Mr. Niranjan P. Bhavake i/b. Bhavake and Associate for the
                 Applicant.
                 Mr. Chandrakant P. Yadav for the Respondent.
                                                ..........
                               CORAM: MADHAV J. JAMDAR, J.

(VACATION COURT)

DATE : 9th NOVEMBER, 2021.

P. C. :-

1. The applicant who is the original defendant has challenged by way of present Civil Revision Application the judgment and decree dated 8th March, 2021 passed by the learned 3rd Joint Civil Judge, Senior Division, Karad in Summary Civil Suit No. 2 of 2020.

2. The learned 3rd Joint Civil Judge, Senior Division, Karad by the order passed below Exhibit-13 in said Summary Civil Suit No. 2 of 2020 allowed application for leave to defend of the applicant, subject to the condition that the defendant shall either deposit amount of Rs. 8,40,000/- in the Court or shall furnish bank guarantee of Rs. 8,40,000/- in the Court within 20 days. The said order was challenged in this Court by filing Writ Petition (Stamp) No. 98766 of 2020 and the said Writ Petition was dismissed. The SLP filed challenging the same was also dismissed.

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3. Mr. Chandrakant Yadav, learned counsel appearing for the respondent submitted that the applicant has issued cheque of Rs. 8,40,000/- which was dishonoured and therefore, suit was filed. He also pointed out final settlement executed by applicant at page 60 of the compilation of this Civil Revision Application. He also raised contentions regarding maintainability of Civil Revision Application.

4. However, at this stage, Mr. Bhavake, learned counsel appearing for the applicant states that the applicant is willing to deposit entire decretal amount in this Court within a period of one week from today. Learned counsel appearing for the applicant further states that the execution application for execution of the impugned judgment and decree is being considered by the learned Executing Court today.

5. In view of the statement made by the learned counsel for the applicant, the Executing Court is requested to adjourn the execution application till 18th November, 2021.

6. It is made clear that if within a period of one week from today, the applicant fails to deposit the said amount of Rs.8,40,000/- in this Court, the executing Court can go ahead with the execution proceedings.

7. Stand over to 18th November, 2021.

(MADHAV J. JAMDAR, J.)

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