Bank of India v. Joytiben M. Gala
Case brief
What is this about?
Single judge dismissed appeal in execution proceeding where no denial of service or liability was raised by the judgment debtor; notice for sale was made absolute.
What did the court decide?
Preiminary notice made absolute.
What the court decided
:1:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE NO. 199 OF 2008 IN EXECUTION APPLICATION NO. 396 OF 2005 IN SUMMARY SUIT NO. 507 OF 1990
Bank of India. ... Plaintiff.
V/s.
Jyotiben M. Gala. ... Defendant.
Mr. C.K. Thomas for the Plaintiff. None for the Defendant.
CORAM : S.C. DHARMADHIKARI,J.
24TH FEBRUARY 2009.
P.C. :
. Affidavit proving service is taken on record. From a perusal of the affidavit filed by the Officer of the Plaintiff - Bank, I am satisfied that the Notice has been duly served. 2. There are no denials of this statement made in the notice. There is no dispute raised about the liability either. In such circumstances and when all ingredients of Order XXI Rule 22 of the C.P.C. are satisfied, the Notice is made absolute.
Issues for consideration
1 issue framed by the court
Whether the notice under Order XXI Rule 22 CPC should be made absolute despite the absence of representation.
Parties & counsel
- appellant
Bank of India
- respondent
Jyotiben M. Gala
Coram
S.C. DHARMADHIKARI
Case details
As recorded by the court registry
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