Writ Petition No. 2648 of 2011. Case: Paack-In-India Vs VSR Foods and Beverages Pvt. Ltd., MIDC, Rangangaon. High Court of Bombay (India)
| Case Number | Writ Petition No. 2648 of 2011 |
| Counsel | For Appellant: Ajay A. Basutkar, Adv. and For Respondents: Jyotishwar Bhosale, Adv. |
| Judges | D. G. Karnik, J. |
| Issue | Civil Procedure Code (5 of 1908) - Order 21 Rules 2, 30 |
| Citation | AIR 2011 Bom 187 |
| Judgement Date | June 07, 2011 |
| Court | High Court of Bombay (India) |
Judgment:
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Rule, returnable forthwith. Mr. Bhosale waives service for the respondent. By consent, taken up for final hearing.
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By this petition, the petitioner challenges the order passed by the executing court below Exh. 14 in Special Darkhast No. 212 of 2009. The petitioner is a decree holder. He had filed a summary suit bearing Special Summary Suit No. 58 of 2008 against the respondent for recovery of money. That suit was decreed and the respondent was directed to pay to the plaintiff a sum of Rs. 2,10,270/- together with future interest at the rate of 4% per annum until its realization. Since the respondent did not make the payment, the petitioner filed an execution petition no. 212 of 2009. In the execution petition, the respondent made an application at Exh. 14, purporting to be an application under section 47 read with Order 21, Rule 2 of the Civil Procedure Code. By that application the respondent contended that he had made payments of certain amounts to the petitioner between 26th July, 2004 and 21st January, 2007. The money paid by the respondent to the petitioner fully covered the decreetal amount and the decree was satisfied. No amount was due to the petitioner. He prayed that he may be given a liberty to produce evidence before the executing court about the payment made and till then the warrant for execution be stayed.
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The application was allowed by the court by passing the following order.
"Perused application and Say.
Satisfaction of decreetal amount is claimed by JD. If it been so opportunity needs to be given to prove and establish such fact. As such JD is directed to make available on record oral and documentary evidence in support of contentions raised herein to make clear that whatever amount...
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