1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 5216 OF 2009. ( Ashok Annaji Ambarkar -: versus :- Bhaskar Heramb Dhoke ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 9, 2009. Heard Shri A.S. Kilor, learned counsel for petitioner. The petitioner / judgment debtor filed objection contending that Special Darkhast No.16/2006, could not have been continued against him for recovery of money as he was not Proprietor of M/s. Guru Engineering Services, Amravati. By the impugned order dated 17.01.2009 that objection has been decided. The Executing Court found that, petitioner could not prove that he was not Proprietor of M/s. Guru Engineering. According to petitioner, one Shri Jawanjal, happens to be the Proprietor of M/s. Guru Enterprises and petitioner has no objection if the decree is executed against said Shri Jawanjal or against Guru Engineering. It is obvious that, petitioner was objector in execution proceedings and therefore, he had to show that he 2 was not the proprietor and some body else was therefore answerable. That opportunity was given to him by the Executing Court, and he could not bring any material to show that Shri Jawanjal was proprietor of M/s. Guru Engineering. Even this Court called upon petitioner to show bonafides by offering to deposit some amount and though matter was adjourned to enable the learned counsel for petitioner to take instructions in this respect, the learned counsel for petitioner states that the petitioner is not in a position to deposit any amount. No jurisdictional error is made out and hence Writ Petition is dismissed. No costs. JUDGE Rgd.