1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1618 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 1618 OF 2011 *** 1. Impugned order is passed upon application of petitioner/ decree holder seeking de-exhibition of report of Commissioner. That commissioner was appointed to submit report after considering claims and accounts to find out entitlement of decree holder to recover the money in execution proceedings. The Chartered Accountant was appointed. He submitted a report and indicated that decree holder has recovered more amount. 2. Making grievance that that report has been exhibited behind back of petitioner, the decree holder sought its de-exhibition. Impugned order has been passed rejecting that request. While rejecting that request executing Court has also made some observations on the merits of the matter. 3. As the Commissioner was appointed by 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1618 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Executing Court and he submitted his report, the report needed to be exhibited as a document and accordingly has been rightly exhibited. If the petitioner/ decree holder has any objection to the report, it was open for him to raise that objection by filing proper affidavit. Unfortunately, in a anxiety of getting the document de-exhibited separate objection has not been filed. 4. Considering the fact that execution proceedings are going on since long, interest of justice can be met by permitting petitioner an opportunity to file such objection before executing Court within a period of two weeks from today. If such objection is filed by petitioner/ decree holder, liberty to Respondent/ judgment debtor to file his reply thereto. Respondent/ judgment debtor is also at liberty to raise his objection, if any, to the report of Chartered Accountant. 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1618 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 5. After said objections, counter objections and reply come before executing Court, the executing Court to hear parties and then decide the question of acceptance of report of commissioner or then its rejection or part acceptance. 6. As by merely exhibiting report of Commissioner no prejudice is caused to the Petitioner, I am not inclined to interfere with the matter, at this stage. With above liberty to the parties, present petition is disposed of. No costs. [B.P.DHARMADHIKARI, J.] Dated:08/03/2011. ans/1618