A single judge order transferring multiple execution applications filed by the Official Liquidator to Courts of competent civil jurisdiction, accepting counsel's submission under Section 39(1) of the CPC.
The Execution Applications were transferred to the Courts of competent civil jurisdiction where the decree is to be executed.
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.
1
IN THE HIGH COURT OF BOMBAY AT GOA
| EXECUTION APPLICATION NOS. 3, 6, 20, 21, 39, 48, 62, 63, 76, 82, 85, 88, 94, 96, 98, 103, 109, 116, 124, 132, 144, 168, 180,, 182 AND 197 OF 2009. |
|---|
| EXECUTION APPLICATION NO. 3 OF 2009 |
| Official Liquidator ... Applicant |
| versus |
| Shri Santosh V. Sawant and 2 others. ... Respondents |
| Ms. A. Razaq, Advocate for the Applicant. |
| EXECUTION APPLICATION NO. 6 OF 2009 |
| Official Liquidator ... Applicant |
| versus |
| Shri Keshwanand D. Morajkar and 2 others. ... Respondents |
| EXECUTION APPLICATION NO. 20 OF 2009 |
| Official Liquidator ... Applicant |
| versus |
| Avanti Chandrakant Kadam and 2 others. ... Respondents |
| EXECUTION APPLICATION | 2 NO. 21 OF |
2009 |
|---|---|---|
| Official Liquidator | ... Applicant | |
| versus | ||
| Peter D'Mello | ... Respondent | |
| EXECUTION APPLICATION | NO. 39 OF | 2009 |
| Official Liquidator | ... Applicant | |
| versus | ||
| Shantaram S. Kambli and another. |
... Respondents | |
| EXECUTION APPLICATION | NO. 48 OF | 2009 |
| Official Liquidator | versus |
... Applicant |
| Rajendra G. Gadekar and 2 others. |
... Respondents | |
| EXECUTION APPLICATION | NO. 62 OF | 2009 |
| Official Liquidator | ... Applicant | |
| versus | ||
| Shri Shivprasad K. Korgaonkar | ... Respondent | |
| EXECUTION APPLICATION | NO. 63 OF | 2009 |
| Official Liquidator | ... Applicant |
| 3 versus |
||
|---|---|---|
| Shri Mahantesh S.S. | ... Respondent | |
| EXECUTION APPLICATION | NO. 76 OF | 2009 |
| Official Liquidator | ... Applicant | |
| versus | ||
| Rupesh R. Pawaskar and 2 others. |
... Respondents | |
| EXECUTION APPLICATION | NO. 82 OF | 2009 |
| Official Liquidator | ... Applicant | |
| versus | ||
| Ms. Lata Mandrekar and 2 others. |
... Respondents | |
| EXECUTION APPLICATION | NO. 85 OF | 2009 |
| Official Liquidator | ... Applicant | |
| versus | ||
| Shri Ahmad Khan Rahiman Khan and 2 others. |
... Respondents | |
| EXECUTION APPLICATION | NO. 88 OF | 2009 |
| Official Liquidator | ... Applicant | |
| versus | ||
| Madhukar R. Pednekar(dec.) | ||
| through L.R's and 2 others. | ... Respondents |
4
| EXECUTION APPLICATION | NO. 94 OF 2009 |
|---|---|
| Official Liquidator | ... Applicant |
| versus | |
| Narendra B. Kundaikar(expired) through L.R. and 3 others. |
... Respondents |
| EXECUTION APPLICATION | NO. 96 OF 2009 |
| Official Liquidator | ... Applicant |
| versus | |
| Tukaram M. Jalvi(dec.) through L.R. and 2 others. |
... Respondents |
| EXECUTION APPLICATION | NO. 98 OF 2009 |
| Official Liquidator | ... Applicant |
| versus | |
| Lenny Da Costa and 2 others. | ... Respondents |
| EXECUTION APPLICATION | NO. 103 OF 2009 |
| Official Liquidator | ... Applicant |
| versus | |
| Shri Aktar Hassan Shaikh and another. |
... Respondents |
| EXECUTION APPLICATION | NO. 109 OF 2009 |
| Official Liquidator | ... Applicant |
| 5 versus |
|
|---|---|
| Shri Prabhakar Yeshwant Khandekar and another. |
... Respondents |
| EXECUTION APPLICATION | NO. 116 OF 2009 |
| Official Liquidator | ... Applicant |
| versus | |
| Shri Altaf M. Rakaskopi and 2 others. |
... Respondents |
| EXECUTION APPLICATION | NO. 124 OF 2009 |
| Official Liquidator | ... Applicant |
| versus | |
| Shri Rupesh V. Mhadgut and another. |
... Respondents |
| EXECUTION APPLICATION | NO. 132 OF 2009 |
| Official Liquidator | ... Applicant |
| versus | |
| Shri Shabirahamed D. Mulla and 2 others. |
... Respondents |
| EXECUTION APPLICATION | NO. 144 OF 2009 |
| Official Liquidator | ... Applicant |
| versus | |
| Shri Prashant Sawant | ... Respondent |
| EXECUTION APPLICATION | 6 NO. 168 OF |
2009 |
|---|---|---|
| Official Liquidator | ... Applicant | |
| versus | ||
| Uma M. Rajadhyaksha and 2 others. |
... Respondents | |
| EXECUTION APPLICATION | NO. 180 OF | 2009 |
| Official Liquidator | ... Applicant | |
| versus | ||
| Umesh Babuso Lokre and another. |
... Respondents | |
| EXECUTION APPLICATION | NO. 182 OF | 2009 |
| Official Liquidator | ... Applicant | |
| versus | ||
| Shri Pravin M. Mahajan and 2 others. |
... Respondents | |
| EXECUTION APPLICATION | NO. 197 OF | 2009 |
| Official Liquidator | versus |
... Applicant |
| Anil A. Sirsat(dec.) through L.R's and 2 others. |
... Respondents | |
| Ms. Amira Razaq, Advocate for t | he Applicants | in all the matters. |
7
CORAM : N. A. BRITTO, J.
DATE : 6TH NOVEMBER, 2009.
P.C.:-
Heard.
These are applications for execution of the decrees passed by
this Court against the Respondents.
Ms. Amira Razaq, learned Counsel appearing on behalf of the Applicant/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. Learned Counsel 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.
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.
RD
1 issue framed by the court
Whether the application for execution of decrees should be transferred to the Court of competent jurisdiction under Section 39(1) of the Civil Procedure Code.
1 provisions across 1 enactments
Official Liquidator
Shri Santosh V. Sawant and 2 others
Shri Keshwanand D. Morajkar and 2 others
Avanti Chandrakant Kadam and 2 others
Peter D'Mello
Shantaram S. Kambli and another
N. A. BRITTO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
