Punjab National Bank (International) ... vs Irfan Furniturewala And 7 Ors
2024 Latest Caselaw 23942 Bom

Bombay High Court

Punjab National Bank (International) ... vs Irfan Furniturewala And 7 Ors on 14 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                  4. IA 790-22 in COMEXL 15624-21.doc


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         ORDINARY ORIGINAL CIVIL JURISDICTION

                                  INTERIM APPLICATION NO. 790 OF 2022
                                                  IN
                          COMMERCIAL EXECUTION APPLICATION (L) NO. 15624 OF 2021

                     Punjab National Bank (International) Ltd.                     ...Applicant
                                  V/s.
                     Irfan Furniturewala and Ors.                                  ...Respondents

                     Mr. Harsh Sheth with Mr. Darshit Rupda,Advocate for the Applicant.
                     Ms. Sutapa Saha, Advocate for the Respondents

                                               CORAM   :   ABHAY AHUJA, J.

                                               DATE    :   14th AUGUST, 2024


                     P.C. :

1. Pursuant to the earlier orders of this Court, today when the

matter is called out, Mr. Sheth, learned Counsel appears for the

Applicant and seeks to tender across the bar a Chancery Guide of

Digitally signed by February, 2016 for HM Courts & Tribunal Services to submit that in NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:

2024.08.14 19:39:34 England the Courts do not issue certified copies and only transcripts are +0530

issued.

2. Mr. Saha, learned Counsel appears for the Respondents and

draws the attention of this Court to the order dated 17 th November,

2001, submitting that this Court after considering the detailed

4. IA 790-22 in COMEXL 15624-21.doc

arguments similar to the above and the so called certified copy /

transcript sought to be filed, this Court had categorically observed that

it was obvious that the judgment was not the original judgment or

certified copy thereof on the basis of which Execution Application could

be maintained in this Court.

3. Ms. Saha also submits that time was granted to the Applicant to

remove office objections and liberty was granted to apply after the

office objections were complied. Thereafter, again time was sought on

12th January, 2022 and 24th February, 2022 to comply with the office

objections but till date the office objections have not been complied as

the original or the certified copy of the judgment, execution whereof

has been sought has not been furnished to the Registry.

4. Ms. Saha draws the attention of this Court to Section 44A of the

Code of Civil Procedure, 1908 and submits that the execution of

decrees passed by the Courts in a reciprocating territory are to be

proceeded with by filing certified copy of a decree and a certificate of

the superior Court, which has not been done in this case and therefore,

this Court consider dismissing the Execution Application as the

objections have not been removed despite several opportunities given.

4. IA 790-22 in COMEXL 15624-21.doc

5. When this Court is about to dismiss the application, Mr. Sheth,

learned Counsel for the Applicant submits that some time be granted in

the matter, so that Counsel could be engaged and one last attempt to

satisfy this Court can be made.

6. Ms. Saha, opposes the request, however, submitting that if any

affidavits are filed on behalf of the Applicant, the same be served in

advance to the Respondents.

7. Be that as it may, as and by way of last chance to the Applicant to

furnish the certified copy or original of the judgment in respect whereof

the execution is sought, list on 16th October, 2024.

(ABHAY AHUJA, J.)