Disposed

Bijaysingh Mansingh Baid and 6 Ors. v. Mansingh Hanutma Baid (Since Deceased) and 4 Ors.

Bombay HC3 Mar 2020COMEX/58/2025

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What is this about?

In a commercial execution application regarding an arbitration petition, the Court extended ad-interim relief pending respondent appearance and ordered the service of notice due to respondents' non-appearance in private service.

What did the court decide?

Extension of ad-interim relief under prayer clause (J)(a) granted pending appearance; notice issued to petitioners and respondent Nos. 4 and 5 for hearing on 31 March 2020.

Bijaysingh Mansingh Baid and 6 Ors. vs Mansingh… — Execution and Attachment | Bombay HC (2020)

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psv

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1 corrected-comexl 492-20

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

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COMMERCIAL EXECUTION APPLICATION (L) NO.492 OF 2020

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ARBITRATION PETITION NO.180 OF 1996

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Tejsingh Mansingh Baid ..Judgment Creditor/Respondent No.2 In the matter between Bijaysingh Mansingh Baid & Ors. ..Petitioners/Judgment Debtors

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..Petitioners/Judgment Debtors

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V/s.

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Mansingh Hanutma Baid (since deceased) & Ors. ..Respondents

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Mr.Gauraj Shah i/b. Mr.Shreyans Baid for Applicant/Judgment Creditor. None for Respondents.

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CORAM : G.S. KULKARNI, J. DATE : 3^rd MARCH, 2020

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P.C.:

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An attempt to effect private service on the petitioners and respondent Nos.4 and 5 was made. Affidavit of service to that effect is placed on record.

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Having heard learned Counsel for the applicants and having perused the order dated 13 June 2019 passed by this Court (R.G. Ketkar, J.) in Writ Petition No.2310 of 2019 and the subsequent order dated 9 December 2019 passed by this Court (G.S. Patel, J.) in Chamber Summons No.1104 of 2019 in Arbitration Petition No.180 of 1996 , it is in the interest of justice that till the respondents appear in the present proceedings and are heard, the relief in terms of prayer clause (J)(a) is granted in favour of the applicant which reads thus:-

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“J(a) By Extending the Ad-interim relief granted by this Court by virtue of its Order dated 9/12/2019 till the execution of Decree dated 14.10.1996.”

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Digitally signed by PrajaktaS. Prajakta S.VartakDate: Vartak 2020.03.07 20:47:03 +0530

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Ordered accordingly.

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All contentions of the parties are expressly kept open.

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As the respondents have not appeared in pursuance of the private service, office to issue notice to the petitioners and respondent Nos.4 and 5, returnable on 31 March 2020. Notice be served through local police station.

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Parties to act on an authenticated copy of this order.

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corrected as per speaking to minutes of the order dated 05.03.2020.

Bijaysingh Mansingh Baid and 6 Ors. v. Mansingh Hanutma Baid (Since Deceased) and 4 Ors.

Case brief

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Bijaysingh Mansingh Baid and 6 Ors. v. Mansingh Hanutma Baid (Since Deceased) and 4 Ors.

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