Kotak Mahindra Bank Limited vs Babula Purnachandra Muni
2022 Latest Caselaw 8688 Bom

                                                                           40. EXA 1650-17.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      ORDINARY ORIGINAL CIVIL JURISDICTION

                                      EXECUTION APPLICATION NO. 1650 OF 2017

                      KOTAK MAHINDRA BANK LIMITED                )...DECREE HOLDER

                               V/s.

                      BABULA PURNACHANDRA MUNI                   )...JUDGMENT DEBTOR

                      Ms. Bijal Gogri i/b. O M Gujay Law Chambers, Advocate for the
                      Decree Holder.

                                           CORAM     :     ABHAY AHUJA, J.

                                           DATE      :     30th AUGUST 2022

                      P.C. :


                      1        By this application, the decree holder is seeking to execute

the Award dated 15th April 2016 for sum of Rs.2,99,043.88 in

addition to costs and fees of arbitration of Rs.5,000.00 with

further interest at the rate of 36 % per annum from 29 th July 2017

on Rs.2,99,043.88 till payment is received or recovered.

2 From a perusal of the record it appears that the decree

holder has filed a praecipe dated 11th January 2019 indicating that

ARTI VILAS KHATATE Digitally signed by AVK 1/2 ARTI VILAS KHATATE Date: 2022.08.30 16:41:19 +0530

40. EXA 1650-17.doc

the decree holder has received a sum of Rs.2,62,500/- from the

judgment debtor in part satisfaction of the Award. Let the Award

be marked as partly satisfied in accordance with the Rules.

3 It is also observed that there is an application on behalf of

the decree holder for issuance of warrant of attachment under

Order XXI Rule 43 of the Code of Civil Procedure, 1908 (CPC). It

is, however, not clear, as to whether such a warrant has been

issued or whether the same has already been executed.

4 List the matter on 13th September 2022 for further

consideration.

                                   (ABHAY AHUJA, J.)




AVK                                                           2/2