Bombay High Court
Sanatan Merchants Pvt. Ltd vs Narpat Bokadia And Manjula Narpat ... on 20 September, 2022
Bench: B.P. Colabawalla
3-COMEX-945-2018.doc
Digitally
signed by
GANESH
GANESH SUBHASH
SUBHASH LOKHANDE
LOKHANDE Date: IN THE HIGH COURT OF JUDICATURE AT BOMBAY
2022.09.22
11:38:11
+0530 ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL EXECUTION APPLICATION NO. 945 OF 2018
IN
TRANSFERRED C. S. NO. 5 OF 2011
Sanatan Merchants Pvt. Ltd. .. Applicant/
Plaintiff/
Decree Holder
Vs.
Narpat Bokadia .. Defendant/
Respondent/
Judgment Debtor
WITH
CHAMBER SUMMONS NO. 1121 OF 2018
IN
COMMERCIAL EXECUTION APPLICATION NO. 945 OF 2018
Narpat Bokadia .. Applicant/
Org. Defendant
Org. Judgment Debtor
IN THE MATTER BETWEEN:
Sanatan Merchants Pvt. Ltd. .. Plaintiff
Vs.
Narpat Bokadia .. Defendant/
Org. Judgment Debtor
WITH
Ganesh Lokhande page 1 of 5
3-COMEX-945-2018.doc
CHAMBER SUMMONS NO. 817 OF 2019
IN
COMMERCIAL EXECUTION APPLICATION NO. 945 OF 2018
Kotak Mahindra Bank Ltd. .. Applicant
IN THE MATTER BETWEEN:
Sanatan Merchants Pvt. Ltd. .. Plaintiff
vs.
Narpat Bokadia .. Defendant
WITH
CHAMBER SUMMONS NO. 802 OF 2019
IN
COMMERCIAL EXECUTION APPLICATION NO. 945 OF 2018
Manjul A Narpat Bokadia .. Applicant/
Org. Defendant
Org. Judgment Debtor
IN THE MATTER BETWEEN:
Sanatan Merchants Pvt. Ltd. .. Plaintiff
Vs.
Narpat Bokadia .. Defendant/
Org. Judgment Debtor
CONTEMPT PETITION (L) NO. 161 OF 2019
IN
COMMERCIAL EXECUTION APPLICATION NO. 945 OF 2018
Sanatan Merchants Pvt. Ltd. .. Petitioner/
Ganesh Lokhande page 2 of 5
3-COMEX-945-2018.doc
Org. Plaintiff
Vs.
Narpat Bokadia .. Contemnor/
Org. Defendant
Manoj Thakur for the Applicant in COMEX/945/2018.
Rajendra R. Mishra for the Respondent/Defendant.
M. S. Topkar for the Applicant in CHS/817/2019.
CORAM:- B. P. COLABAWALLA,J.
DATE :- 20th SEPTEMBER, 2022.
P. C.:
1. The learned advocate appearing on behalf of the
Applicant/Decree Holder has stated before the Court that the Decree
passed in Transferred Civil Suit No. 5 of 2011 has been fully satisfied by
the Judgment Debtor and now no further proceedings need to be
proceeded with for execution of the said decree. He, therefore, sought
leave to unconditionally withdraw the above Execution Application.
2. In view of the aforesaid statement, the Execution
Application is dismissed as withdrawn. No order as to costs.
3. Any attachment levied on any of the properties of the
Defendant shall stand raised and vacated forthwith. All amounts paid by
Ganesh Lokhande page 3 of 5
3-COMEX-945-2018.doc
the Judgment Debtor to the Decree Holder including any interest shall
be intimated to the Sheriff's Office within a period of one week from
today. On the Sheriff's Office receiving such information, he shall
inform the advocates for the Decree Holder, the amount payable by the
Decree Holder towards poundage of the Sheriff as set out in Rule 474 of
the Bombay High Court (Original Side) Rules, 1980.
4. As far as Contempt Petition (L) No. 161 of 2019 is
concerned, the learned advocate appearing on behalf of the
Petitioner/Decree Holder has stated that no show cause notice has been
issued against the Respondent. He submitted that in view of the fact
that the disputes between the parties are now been settled, he wishes to
withdraw the above Contempt Petition.
5. In these circumstances, Contempt Petition (L) No. 161 of
2019 is dismissed as withdrawn. No order as to costs.
6. In view of this order, nothing survives in Chamber
Summons No.1121 of 2018, Chamber Summons No.817 of 2019 and
Chamber Summons No. 802 of 2019, and the same are disposed of
accordingly.
Ganesh Lokhande page 4 of 5
3-COMEX-945-2018.doc
7. This order will be digitally signed by the Personal Assistant
of this Court. All concerned will act on production by fax or email of a
digitally signed copy of this order.
( B. P. COLABAWALLA, J. )
Ganesh Lokhande page 5 of 5
