1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2017 OF 2009 Shri Tukaram Narayan Bamnolkar & Ors. ..Petitioners. V/s. Shri Kapurchand Jawanmal Oswal & Ors. ..Respondents. Mr.Sagar A. Joshi for petitioners. Mr.P.S.Dani for Respondent Nos. 4 and 5. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : MARCH 19, 2009. DATE : MARCH 19, 2009. DATE : MARCH 19, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. No interference is warranted in exercise of the writ jurisdiction in the fact situation of the present case. Hence dismissed. 2. I am in agreement with the submission made by the Counsel for the Respondent Nos. 4 and 5 that this is one more attempt of the Petitioners to stall the execution proceedings. Inspite of strong observations made by this Court in Order dated 13th January, 2009 in Writ Petition No.7635 of 2008 at the instance of same Petitioners, the only option in such a situation, to my mind is to impose exemplary cost to dissuade the Petitioners from resorting to such 2 frivolous proceedings in future. 3. While dismissing this Petition, I am imposing exemplary cost, to be paid by the Petitioner to the Respondent No.1/decree holder quantified at Rs.10,000/- within two weeks from today, failing which the Respondent No.1 would be free to proceed against the Petitioners by taking out appropriate proceedings including for recovery of the said amount. Ordered accordingly. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)