Disposed

M/S. Gwalior Oils Mills v. M/S. Geekay Exim (India) Ltd. and Oriental Bank of Commerce Ltd.

Bombay HC14 Jul 2005NMS/1957/2005

Case brief

AI extract

What is this about?

This brief order granted the plaintiff-decree holder permission to withdraw the Notice of Motion for withdrawal of an execution application. The court allowed withdrawal of a Rs. 8 lakh deposit by the applicant and granted leave to file appropriate proceedings.

What did the court decide?

Notice of Motion allowed to be withdrawn with liberty to take out appropriate proceedings; permit withdrawal of Rs. 8.00 lakh deposit by applicant.

M/S. Gwalior Oils Mills Vs M/S. Geekay Exim (India)… — Execution and Attachment | Bombay HC (2005)

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

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 NOTICE OF MOTION NO.1957 OF 2005
 IN
 EXECUTION APPLICATION (L) NO.274 OF 2005
 IN

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 SUMMARY SUIT NO.5853 OF 1998

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 M/s.Gwalior Oils Mills Plaintiff

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 versus

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 M/s.Geekay Exim (India) Ltd. Defendant

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and

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 Oriental Bank of Commerce Ltd. Applicant

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 Mr.Rashab Shah i/by B.Amin & Co. for plaintiff.

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 Mr.S.Purohit i/by Wadia Ghandhy & Co. for
 defendant.

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 CORAM : S.C.DHARMADHIKARI, J.

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 DATE : 14th July 2005

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 PC :

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 1. The plaintiff-decree holder applies for

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 withdrawal of the Notice of Motion with liberty

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 to take out appropriate proceedings for the
 reliefs that are claimed in the present Notice of
 Motion. Leave granted. Notice of Motion is
 allowed to be withdrawn with liberty as prayed.
 Mr.Shah appearing for the decree-holder next
 submits that in pursuance of the order passed by

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 ((-2-))

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 this Court on earlier notices of motion, a sum of
 Rs.8.00 lakh (Rs.Eight lakh only) deposited by
 the applicant in this Court, would be withdrawn
 and the moment the sum is withdrawn the
 proceedings in execution are likely to become
 infructuous. Mr.Purohit opposes this request and
 states that although Notice of Motion was not the
 appropriate remedy, once again same remedy is
 resorted to and such litigant does not deserve
 any discretionary relief. In my view, interest
 of justice would be served if Prothonotary and
 Senior Master of this court is directed to permit
 withdrawal of this amount by applicant of Rs.8.00

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 lakh (Rs.Eight lakh only) after 21st July 2005.

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 (S.C.DHARMADHIKARI, J.)

M/S. Gwalior Oils Mills v. M/S. Geekay Exim (India) Ltd. and Oriental Bank of Commerce Ltd.

Case brief

What is this about?

What did the court decide?

M/S. Gwalior Oils Mills v. M/S. Geekay Exim (India) Ltd. and Oriental Bank of Commerce Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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