1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.1843 OF 2008 IN EXECUTION APPLICATION NO.330 OF 2008 IN AWARD DT.31/8/2004 Nishkalp Investments and Trading Co. Ltd. .. Plaintiff Versus M/s.S.P.Motors & Ors. .. Defendants Mr.B.G.Saraf i/b. Shreeji & Lal for plaintiff Mr.M.S.Gyani for respondent Nos.1,3, 4 and 5 CORAM : S.C.DHARMADHIKARI, J. DATE : 5th March 2009. P.C. . This is a notice under Order XXI Rule 22 calling upon respondents to show cause as to why the award passed by the Arbitrator on 21st August 2004 be not executed as a decree of this Court. 2. None of the respondents who are served have filed an affidavit showing cause inasmuch as the affidavit filed does not say that the decree 2 is not enforceable or executable but what is sought to be projected is a fact that there are liabilities such as Sales Tax, Provident Fund, ESIC, Gratuity which have to be paid by the partners from their own and borrowed funds. There are no assets left with S.P.Motors - respondent No.1. There are various liabilities of S.P.Motors which are set out. 3. When the learned Counsel appearing for respondent No.1 was asked as to how this would constitute any bar to execution and enforceability of the decree, he found it difficult to substantiate the pleas raised in the affidavit. 4. Considering that the decree is enforceable, notice is made absolute. However, all contentions insofar as liabilities and the assets available to meet the liabilities, as raised in the affidavit, are kept open. 3 (S.C.Dharmadhikari, J)