Court issued a notice under Order 21 Rule 22 CPC in execution proceedings as the judgment debtors were served but non-appear, granting the relief without costs.
Notice under Order 21 Rule 22 CPC granted absolute; no order as to costs.
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45-n-282.12.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE NO. 282 OF 2012 IN
ARBITRATION CASE NO. ARB/SCB(M) 657 OF 2009
The Saraswat Coop. Bank Ltd.
… Applicant
Versus
Mr. Nitin Dattaram Surve and Ors.
… Opponents
Ms. Sunita Devgonde for the applicant.
C ORAM : R.D. DHANUKA,J. DATED : JULY 10, 2013
P.C.
The learned counsel for the applicant states that the judgment debtors are served. The applicant has already filed affidavit of service in this court which indicates that the Judgment debtors are served. None appears for the Judgment Debtors though served. On perusal of the affidavit in support dated 15th December, 2011, case is made out for grant of notice under Order 21 Rule 22 of the Code of Civil procedure. Notice is accordingly made absolute. There shall be no order as to costs.
(R.D. DHANUKA,J.)
1 issue framed by the court
Whether a notice under Order 21 Rule 22 CPC should be issued when judgment debtors are served but absent.
1 provisions across 1 enactments
The Saraswat Coop. Bank Ltd.
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
