Dilip S/O Devaji Kuhikar vs Shriram Chits (Mah) Limited, Thr. ...
2023 Latest Caselaw 11859 Bom

Bombay High Court

Dilip S/O Devaji Kuhikar vs Shriram Chits (Mah) Limited, Thr. ... on 29 November, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

                                                                            6-wp7892.23.odt
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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH, NAGPUR.
                    WRIT PETITION NO.                7892 OF 2023
                                   Dilip Devaji Kuhikar
                                           -Vs.-
                            Shriram Chits (Mah.)Ltd. and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders      Court's or Judge's Orders.
or directions and Registrar's orders.
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                       Mr.Amit M. Balpande, counsel for the petitioner.




                                          CORAM : AVINASH G. GHAROTE, J.

DATE : 29TH NOVEMBER, 2023

Mr.Balpande, learned counsel for the petitioner, on instructions, makes a statement that the petitioner is willing to deposit an amount of Rs.50,000/- to show his bonafides. It is contended that before passing the impugned order dated 11/04/2023 below Ex.-15 (page 23), no notice was issued to the present petitioner and the impugned order has been passed attaching the salary of the petitioner to the extent of Rs.8,000/- per month. It is also contended that an application for attachment of movables of the judgment debtor No.1 is also pending at Ex.-11 (page 28), which remedy should have been exhausted.

2. Only on the ground that neither notices are issued to the petitioner on the application at Ex.-15, nor on the execution proceedings, issue notice to the respondents, returnable on 11/12/2023.

KHUNTE 6-wp7892.23.odt

3. The amount of Rs.50,000/- shall be deposited by the petitioner in this Court by 01/12/2023. In case the same is done, the impugned order shall stand stayed till the returnable date.

JUDGE

Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 29/11/2023 17:16:17 KHUNTE