The Board Of Trustees Of The Port Of ... vs Rainbow Products
2022 Latest Caselaw 8731 Bom

                                                                            14-N-158-2018.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      ORDINARY ORIGINAL CIVIL JURISDICTION

                                              NOTICE NO. 158 OF 2018
                                                       IN
                                      EXECUTION APPLICATION NO. 1571 OF 2018

                      THE BOARD OF TRUSTEES OF THE               )
                      PORT OF BOMBAY                             )...DECREE HOLDER

                               V/s.

                      RAINBOW PRODUCTS                           )...JUDGMENT DEBTOR

                      Mr. Hrishikesh Guhagarkar a/w. Ms. Radha Bhandari i/b. M.V.Kini
                      & Co., Advocate for the Decree Holder.


                                           CORAM     :     ABHAY AHUJA, J.

                                           DATE      :     30th AUGUST 2022

                      P.C. :


                      1        Heard.



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

the decree dated 20th December 2005 in Suit No.2774 of 1986

passed by this Court for a sum of Rs.7,72,602.06 with further

interest at the rate of 6 % per annum on Rs.2,60,890.50 from 1 st

ARTI VILAS KHATATE Digitally signed by AVK 1/2 ARTI VILAS KHATATE Date: 2022.08.30 16:41:16 +0530 14-N-158-2018.doc

November 2017, in addition to cost of Rs.7,380.50 against the

judgment debtor.

3 As the Execution Application was filed after a period of two

years from the date of the decree, notice under Order XXI Rule 22

of the Code of Civil Procedure, 1908 (CPC) came to be issued.

The decree holder has filed an affidavit of service indicating due

service of the said notice, which has been filed in this Court.

4 In this view of the matter, I see no reason as to why the

notice under Order XXI Rule 22 of the CPC should not be made

absolute. The said notice dated 14th August 2018 is made

absolute.

5 Registry to take necessary steps in accordance with the

Bombay High Court Rules. No costs.

6 List the Execution Application on 27th September 2022.

                                    (ABHAY AHUJA, J.)

AVK                                                             2/2