13-CHS 166.2018 in EXA(L) 331.2018 .doc

K.S. Jadhav

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

CHAMBER SUMMONS NO.166 OF 2018 IN EXECUTION APPLICATION (L) NO.331 OF 2018

Vijay Ladhani …Applicant/

Original Claimant

Versus

Sumer Infrastructure Pvt. Ltd. & Anr., …Respondents

Ms. Apurva Kulkarni i/b M.P. Vashi & Association, Advocate for Applicant/Original Claimant.

CORAM : R.I. CHAGLA J.

DATE : 17TH MARCH, 2023.

ORDER :

1. The learned Counsel for the Applicant/Claimant has referred to the order dated 1st September, 2021 passed by the learned Single Judge of this Court by which Bailable Warrant was issued against Respondent No.2 – Deepak Shah who has signed as Director of the 1st Respondent and which Bailable Warrant was issued in sum of Rs.1 Lakh returnable on 15th September, 2021. Though Bailable Warrant had been issued, it had not been served on Defendant No.2 and the returnable date had been thereafter extended by order dated 8 th March, 2022 to 4th Mary 2022. The matter has not come up till today.

2. The learned Counsel appearing for the Applicant/Claimant states that the Bailable Warrant is not being executed against Respondent No.2.

3. In view thereof, office is directed to issue fresh Bailable Warrant against the Respondent No.2 – Deepak Shah in the sum of Rs.1 Lakh returnable on 13th April, 2023. The new address of Respondent No.2 shall be provided by the Advocates for the Applicant/Claimant to the office, as there has been change in the address.

4. The Advocates for the Applicant/Claimant shall also take steps for amending the above Execution Applicant for showing new address against Respondent No.2 which shall be carried out within a period of two weeks from the date of this order.

5. Re-verification is dispensed with.

[R.I. CHAGLA J.]

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