Grampanchayat Gandhinagar vs Micro And Small Enterprises ...
2023 Latest Caselaw 12943 Bom

Bombay High Court

Grampanchayat Gandhinagar vs Micro And Small Enterprises ... on 18 December, 2023

Author: Amit Borkar

Bench: Amit Borkar

2023:BHC-AS:38166
                                                                                     23-wp-15720-2023.doc


                          SA Pathan
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                                WRIT PETITION NO.15720 OF 2023


                          Grampanchayat Gandhinagar                     ... Petitioner
   SHABNOOR
   AYUB
                                     V/s.
   PATHAN
   Digitally signed by
   SHABNOOR AYUB
   PATHAN
   Date: 2023.12.18
   18:06:58 +0530
                          Micro & Small Enterprises Facilitation
                          Council, Pune & Anr                           ... Respondents



                          Mr. Sunny Udasi, for Petitioner.




                                                         CORAM    : AMIT BORKAR, J.

                                                         DATED    : DECEMBER 18, 2023
                          P.C.:

1. The order impugned in the writ petition is passed by the Executing Court, issuing warrant for recovery of decretal amount Rs.11,80,000/-. By the impugned order, the Executing Court has directed the judgment debtor to file an affidavit giving details of assets of judgment debtor.

2. Learned Advocate for the petitioner is unable to point out that the award was challenged before the Superior Court. In absence of stay by the Superior Court restraining the Executing Court from executing the award, it is always open for the Executing Court to execute the award as it is the decree of Civil Court.

23-wp-15720-2023.doc

3. In furtherance of such power, it is within the power of Executing Court to issue directions, directing judgment debtor to disclose his assets within the period of 30 days. The order cannot be termed as unreasonable. Hence, no interference is called for.

4. The writ petition is dismissed. No costs.

5. Period of 30 days is extended by one week from today.

(AMIT BORKAR, J.)