Phoenix Arc Pvt.Ltd vs Bhupendra J. Panchal
2023 Latest Caselaw 1508 Bom

            Digitally signed
            by JITENDRA
 JITENDRA SHANKAR
 SHANKAR NIJASURE
 NIJASURE Date:
          2023.02.16
            11:48:04 +0530




                                                                        21-exa-1559-2017.doc

jsn
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
                                             NOTICE NO.60 OF 2018
                                                         IN
                                    EXECUTION APPLICATION NO.1559 OF 2017

          Phoenix ARC Pvt. Ltd.                                        ...Decree Holder

                               Versus

          Bhupendra J. Panchal                                         ...Judgment
                                                                       Debtor
                                                      ----------
          Rajlaxmi Punjabi i/b. Manmohan Rao for the Decree Holder.
                                                      ----------

                                                     CORAM : R.I. CHAGLA J.
                                                     DATE  : 14 February 2023.
          ORDER :

1. The learned Advocate appearing for the Decree Holder

has sought further extension of time to serve notice under Order XXI

Rule 22 of the Code of Civil Procedure, 1908 on the Judgment

Debtor.

2. It is noted that by order dated 29th August, 2022, this

Court had considered similar application and it was noted that by

prior order dated 29th July, 2022 time had been extended by four

weeks and it was directed that upon service of notice, the Decree

21-exa-1559-2017.doc

Holder has to file Affidavit of Service. This Court had noted from the

papers and proceedings that, there is no notice containing fresh

returnable date nor there is an Affidavit of Service indicating service

of notice. Accordingly, the Decree Holder was directed to file

Affidavit of Service with proof that notice has been served under

Order XXI Rule 22 of the CPC. In the event Affidavit of Service was

not filed by the next date, the matter be listed for dismissal.

3. The learned Advocate for the Decree Holder has sought

for further extension of time of service of notice under Order XII Rule

22 of the CPC. Considering prior orders passed, as and by way of last

opportunity, the Decree Holder is granted four weeks time for service

of notice on the Judgment Debtor, failing which the matter shall be

listed for dismissal.

4. List the matter on 23rd March, 2023.

[ R.I. CHAGLA J. ]