Axis Bank Ltd vs Mansoor Ismail
2022 Latest Caselaw 8708 Bom

                                                                             38. EXA 996-17.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      ORDINARY ORIGINAL CIVIL JURISDICTION

                                      EXECUTION APPLICATION NO. 996 OF 2017

                      AXIS BANK LTD.                              )...DECREE HOLDER

                               V/s.

                      MANSOOR ISMAIL                              )...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 14th March 2015 for sum of Rs.1,08,820.94 in

addition to costs and fees of arbitration of Rs.6,100.00 with

further interest at the rate of 18 % per annum from 18 th May 2017

on Rs.1,08,820.94 till payment is received or recovered.

2 From the application it is observed that, although the date of

the Award is 14th March 2015, an application for execution has

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

38. EXA 996-17.doc

been made only on 29th May 2017, which is beyond the period of

two years from the date of the Award. Therefore, it prima facie

appears that notice under Order XXI Rule 22 of the Code of Civil

Procedure, 1908 (CPC) would need to be issued in the matter.

3 It is also noted from Clause J of the application that there is

a handwritten submission with respect to issuance of notice under

Order XXI Rule 22 of the CPC.

4 Accordingly, issue notice under Order XXI Rule 22 of the

CPC, returnable in four weeks. The decree holder to file an

affidavit of service with tangible proof thereof after the service of

notice by the next date.

5 List the matter on 27th September 2022.

                                    (ABHAY AHUJA, J.)




AVK                                                            2/2