Applications for execution of decrees were dismissed and transferred to the Courts of competent civil jurisdiction for execution, relying on section 39(1) of the CPC.
Execution Applications transferred to the Courts of competent civil jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF BOMBAY AT GOA.
EXECUTION APPLICATION NOS. 115, 117, 118, 137 and 179 OF 2009.
EXECUTION APPLICATION NO. 115 OF 2009
| Official Liquidator v/s. |
.. Applicant. |
|---|---|
| Shri Shailesh S. Zantye | .. Respondent. |
| EXECUTION APPLICATION NO. 117 OF 2009 |
|---|
| Official Liquidator .. Applicant. v/s. |
| Shri Ganesh V. Narvekar .. Respondent. |
| EXECUTION APPLICATION NO. 118 OF 2009 |
|---|
| Official Liquidator .. Applicant. v/s. |
| Shri Vijay A. Hodavadekar .. Respondent. |
EXECUTION APPLICATION NO. 137 OF 2009
| Official Liquidator v/s. |
.. Applicant. |
|---|---|
| Shri Manohar N. Desai and 2 ors. | .. Respondents |
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EXECUTION APPLICATION NO. 179 OF 2009
Official Liquidator .. Applicant. v/s. Shri Ganapati Y. Bhutewadkar and 2 ors. .. Respondents. Mr. Sanjay Kumar Gupta, Decree Holder in person.
CORAM: N. A. BRITTO, J. DATE : 13TH NOVEMBER, 2009. P.C.:Heard.
These are applications for execution of the decrees passed by this Court against the respondents.
O.L. Mr. Sanjay Kumar Gupta, Decree Holder has submitted that in terms of section 39(1) of C.P.C., this Court is competent to transfer the decree to the Court of competent jurisdiction, for the purpose of its execution. The Decree Holder has also placed on record a copy of the Order of this Court dated 22.7.2005 in Execution Application no.11 of 2005 by which the execution of decrees was ordered to be transferred to the Court of competent jurisdiction.
3
Accepting the said statement, it is hereby ordered that the Execution Applications be transferred to the Courts of competent civil jurisdiction where the decree is to be executed.
N. A. BRITTO, J.
oc.
2 issues framed by the court
Whether execution applications filed by the Official Liquidator should be transferred to the Court of competent civil jurisdiction.
Whether the Court is competent under section 39(1) CPC to transfer decrees for execution.
1 provisions across 1 enactments
Official Liquidator
Shri Shailesh S. Zantye
Shri Ganesh V. Narvekar
Shri Vijay A. Hodavadekar
Shri Manohar N. Desai
Shri Ganapati Y. Bhutewadkar
N. A. Britto
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
