1 N.243.08.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.243 OF 2008 IN EXECUTION APPLICATION NO. 243 OF 2007 IN SUIT NO. 1404 OF 1985 Arjandas Teckchand Kashyap & Anr. ... Claimants. V/s. Mrs. Shanti Ramchand Bajaj. ... Defendant. None for the Claimants. Ms. Sucharita Patra for the Defendant and Applicant in NM 1061/10. CORAM : R.Y. GANOO, J. DATED : 19th JANUARY 2011. P.C. :- By order passed by the learned Appellate Bench on 13th November 2009, the Defendant was directed to deposit in this Court a sum of Rs.5,00,000/- plus Rs.30,000/- and upon deposit of these two amounts, the order of setting aside the decree was passed in favour of the Defendant. The Defendant has taken out Notice of Motion No. 1061 of 2010 praying for warrant of attachment should be raised. In the said Motion they have annexed the xerox copy of the payment receipts. Learned Counsel for the Defendant adhered to those receipts. If this is so, the decree stands set aside. Hence, Execution 2 N.243.08.sxw Application No. 243 of 2007 cannot be taken ahead. Similarly, Notice issued under Order XXI Rule 22 of C.P.C. being Notice No.243 of 2008 also cannot be taken ahead. Hence, following order is passed :- (i) Notice No.243 of 2008 is dismissed as decree is set aside as stated earlier. (ii) Execution Application No. 243 of 2007 is dismissed as decree is set aside as stated earlier. (R.Y. GANOO, J.)