Dhaval Anand Shah v. Mayuri Vivek Thakkar
Case brief
What is this about?
Warrant of arrest in execution under Order 21 Rule 30 CPC quashed with consent by Bombay High Court; Execution Application No.0100361 of 2024, City Civil Court, Mumbai; judgment debtor Dhaval Anand Shah; decree holders Mayuri Vivek Thakkar and Rupali Rishi Thakkar; restoration of arrest-warrant application to Executing Court; judgment debtor to appear and file reply; fresh decision after opportunity of hearing within four weeks; additional affidavit permitted; Writ Petition Nos. 3715 and 3716 of 2026; N. J. Jamadar, J.; 02 April 2026.
What did the court decide?
With the consent of learned counsel for the Respondents, the impugned orders of the Executing Court issuing the arrest warrant are quashed and set aside; the Decree Holder's application for issuance of arrest warrant is restored to the Executing Court; the Petitioner/Judgment Debtor is directed to appear on 4th April 2026 and file a reply within one week; the Executing Court is requested to decide the warrant application afresh after hearing, preferably within four weeks; the Respondents may file an additional affidavit; petitions disposed.