Citation : 2021 Latest Caselaw 15128 Bom
Judgement Date : 20 October, 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
[ COMMERCIAL DIVISION ]
NOTICE (LODGING) NO.12767 OF 2021
IN
COMMERCIAL EXECUTION APPLICATION NO.15 OF 2021
Vida Jewellery LLC, UAE .. Applicant-Decree Holder
Vs.
Rajesh Kumar Pratapbhai Soni .. Respondent-Judg. Debtor
Advocate, i/by India Law LLP, for the Applicant-Decree Holder.
Respondent is present in person.
CORAM : A. K. MENON, J.
DATE : 20TH OCTOBER, 2021. P.C. :
1. This is a notice seeking corrections under Order XXI Rule 22 of the
CPC, permitting the applicant-decree holder to proceed in execution.
Respondent is said to be served, as set out in the affidavit-of-service dated 2 nd
September 2021, which is affirmed by the bailiff of the Sheriff of Bombay and
which records that the postal packets sent to the respondent has returned
unclaimed. Exhibit-B to the affidavit-of-service shows that the postal cover is
unclaimed at one of the addresses in Borivali (West).
2. I am of the view that this notice is liable to be made absolute since
there is no opposition.
23-N(L)-12767-2021.doc Dixit
3. At this stage, the respondent-judgment debtor appears in person and
seeks time to engage an Advocate. He states that he has not received copy of
the notice. Accordingly, at his request, list the Notice and Execution
Application on 27th October 2021.
4. It is made clear that no fresh notice will be served on the respondent-
judgment debtor.
(A.K. MENON, J.)
Digitally signed SNEHA by SNEHA ABHAY DIXIT 23-N(L)-12767-2021.doc ABHAY Date:
DIXIT 2021.10.22 11:45:32 +0530 Dixit
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