:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION EXECUTION EXECUTION EXECUTION APPLCIATION NO. 44 OF 2008 APPLCIATION NO. 44 OF 2008 APPLCIATION NO. 44 OF 2008 IN IN IN O.S.SUIT O.S.SUIT O.S.SUIT NO. 1095 OF NO. 1095 OF NO. 1095 OF 2000 2000 2000 A. Gunasekaran s/o. Ayyanthan. ... Claimant. V/s. Modi Films International. ... Respondent. Mr. R.K. Thakkar for the Plaintiff. None for the Defendant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 02ND 02ND 02ND FEBRUARY 2009. FEBRUARY 2009. FEBRUARY 2009. P.C. P.C. P.C. : : : . The learned Advocate appearing for the Claimant/Decree Holder states that the decree was sent to this Court for execution as the Defendant was residing within the terrotorial jurisdiction. 2. Now, it is learnt that the Respondent/Judgment Debtor is not carrying on business and/or working for gain within the territorial limits of this Court. Consequently, the decree cannot be transferred for execution to this Court. 3. Therefore, he seeks leave to withdraw the Execution Application filed in this Court with liberty to adopt :2: proceedings. The Execution Application is allowed to be withdrawn with liberty as prayed. Since the Execution Application is withdrawn, the Notice under Order XXI Rule 22 of the C.P.C. does not survive and is disposed off accordingly. 4. The Registry to return the decree and related papers to the Court passing the decree namely, the Competent Court at Chennai. All concerned to act on authenticated copy of this order. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)