PRESIDENCY INDUSTRIAL BANK LTD Vs. HINDUSTAN LEATHER INDUSTRIES LTD

JUDGEMENT

(1.) THIS is an application dated 29th October 1964 for execution of a decree dated 12th December 1932 of the Court of the Civil Judge, Senior Division, Poona. in Special Civil Suit No. 84 of 1952. The application has been filed by the Bank of Karad Ltd. because by an order dated 26th April 1962 made by the Reserve Bank of India under Section 44 A (4) of the Banking Companies Act. 1949, the judgment creditors, the Presidency Industrial Bank Ltd. , were amalgamated with the applicants. The amount claimed is Rs. 28,997. 75 and costs. The mode in which the assistance of the Court is required is by issue of notices under Order 21, Rules 16 and 22 of the Code of Civil Procedure and by attachment and sale of certain properties of the judgment-debtors. Pursuant to a chamber order dated 7th May 1965 the execution application was amended by substituting the names of the two sons of the judgment-debtor No. 2 R. G. Vijayakar as his legal representatives in his place, on the allegation that the said R. G. Vijayakar was dead and by seeking attachment and sale of certain properties of the said Vijayakar in the hands of the said legal representatives.

(2.) THE applicants have stated that the decree was registered on 11th March I 953. The applicants have stated in the execution application that the first application, being Civil Application No. 160 of 1953 for execution, was made by the judgment-creditors on 16th July 1953 to the Court of the Civil Judge, Senior Division. Poona. and the said application was decided on 15th September 1953 by transfer of the decree to this Court for execution. Pursuant to that transfer, an application for execution was made in this Court in November 1953, but in the meanwhile, the first judgment-debtor company had been ordered to be wound up, the application for execution in this Court was abandoned and treated as filed on 2nd November 1965. The second application for execution of the decree was made to the Court of the Civil Judge, Senior Division. Poona, on 3rd November 1955, being Darkhast No. 251 of 1955. The said application was dismissed on 13th June 1956. The said execution application was made against the judgment-debtor No. 7 only. and the Court held that the decree could not be executed against any of the judgment-debtors until the judgment-creditors had exhausted all their remedies against the property of the first judgment-debtor which was charged with the payment of the amount under Clause (5) of the consent decree. The third application for execution was made to the learned Civil Judge, Senior Division, Poona, on 22nd February 1958 and was disposed of on 14th April 1958. Thereafter on 1st April 1964 the present applicants made an application to the Civil Judge, Senior Division, Poona, for transfer of the decree to this Court for execution and on 12th September 1964 the decree was ordered to be transferred to this Court. The present execution application was filed on 29-10-1964. On the present application notices were ordered to be issued under Rules 16 and 22 of Order 21 of the Civil Procedure Code.

(3.) NOTICES under O. 21, R. 16 were dismissed by my learned brother Kantawala J. on 22nd November 1965 stating that "dismissed with costs as the application is not made to the Court which passed the decree". It is the notice under O. 21, R. 22 of the Civil Procedure Code that has been argued before me.