1 43-1250-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj ORDINARY ORIGINAL CIVIL JURISDICTIION NOTICE NO.1250 OF 2009 IN EXECUTION APPLICATION NO.280 OF 2009 IN ARBITRATION CASE NO.CITI/HE/L-11/2 OF 2006 Citi Financial Consumer Finance India Ltd. .. Decree Holder/ Orig. Claimant Vs. Pravin M. Gupte & Others .. Judgment Debtor/ Orig. Respondent. Mr. R.L.Motwani, for the Decree Holder. Mr. S.K.Jain, for the Judgment Debtor. CORAM : R.Y.GANOO, J. DATE : 21st FEBRUARY, 2011 P.C.: 1 Heard learned counsel of both the sides. Perused affidavit in reply of judgment debtor no.1, opposing this notice. Learned counsel for the judgment debtor contends that by letter dated 15th February, 2010 the judgment debtor were called upon to pay 2 43-1250-09.sxw Rs.5,90,000/-. The judgment debtor have paid Rs.75,000/- and receipt of the same has been issued, which receipt by itself does not mention that the said amount is accepted without prejudice. According to learned counsel for the judgment debtor, the receipt of Rs.75,000/- is by way of new agreement arrived at between the parties. Therefore, decree passed in arbitration on 30th March, 2007 cannot be enforced. 2 I have perused the correspondence annexed to the affidavit in support. The judgment creditor had issued a letter to judgment debtor no.1 being letter dated 15th February, 2010, offering one time settlement of Rs.5,90,000/-. The purpose of letter, therefore, was clear that if Rs,5,90,000/- are paid, the matter shall come to an end. The judgment debtor has paid only Rs.75,000/- along with forwarding letter dated 21st July, 2010. Counsel of the judgment creditor agreed that the three installments have been paid thereafter. In my view, the conduct on part of the judgment debtor clearly shows that he was not objecting to execution of award dated 30th April, 2007. The payment made by the judgment debtor pursuant to the letter dated 21st July, 2010 and further payments will have to be treated as payment towards the arbitration award dated 30th April, 2007. Hence, the stand of judgment debtor that on receipt of 3 43-1250-09.sxw Rs.75,000/- the decree should be marked as satisfied cannot be accepted. 3 Hence, this notice under Order 21 Rule 22 of C.P.C. is made absolute. Execution to proceed. (R.Y.GANOO, J.)