Appellant challenged an order in execution proceedings. Court held appeal against notice not maintainable but permitted appellant to seek directions for interim relief from Single Judge. Appeal disposed of without deciding merits.
Appellant permitted to approach Single Judge for directions on interim relief; appeal disposed of.
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L & T FINANCE LIMITED ..... Appellant Through : Sh. Puneet Kumar Gaur, Advocate.
versus
ODEON BUILDER PVT LTD & ORS ..... Respondents Through : None.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA
O R D E R % 19.04.2016
This appeal by the Decree Holder in execution proceeding complains that by the impugned order, the learned Single Judge had merely issued notices to the respondents/Judgement Debtors and the third party garnishee who is also impleaded at the behest of the Court. Decree Holder complains that the lack of any interim stay order prejudices it. It relies upon Order XXI Rule 22 CPC to contend that since decree was sought to be executed within the two year period contemplated, there was no need even for a Show Cause Notice and that in the absence of status quo or attachment, serious prejudice would occur.
This Court is of the opinion that facially, the appeal is not maintainable because it is directed against only a Show Cause Notice. However, in view of the contentions made, the appellant/Decree Holder is at liberty to approach the learned Single Judge for
appropriate directions with respect to the reliefs it seeks in these proceedings, including an ad interim order. Learned Single Judge may consider and make appropriate order on the returnable date, i.e. 13.05.2016. The appeal is disposed of in the above terms.
S. RAVINDRA BHAT, J
DEEPA SHARMA, J
APRIL 19, 2016 ajk
1 issue framed by the court
Whether an appeal maintaining against a show cause notice in execution proceedings is maintainable.
1 provisions across 1 enactments
L & T Finance Limited
Odeon Builder Pvt Ltd
S. Ravindra Bhat
Deepa Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
