( 1 ) wp8739-10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 8739 OF 2010 Narayan Gangadhar Peche PETITIONER VERSUS Sangita Narayan Peche RESPONDENT .... Mr. A.P. Bhandari, advocate holding for Mr. R.M. Pardeshi, advocate for the petitioner. Mr. S.S. Kazi, advocate for the respondent. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 6th January, 2011] PER COURT : 1. By consent, the petition is being disposed of in the following manner. (i) The impugned order is set aside. (ii) The executing Court is directed to reconsider the execution application and request of the D.H. for detention of the petitioner (J.D.). The J.D. may be granted two (2) weeks' time after his appearance in the executing Court, by way of last chance to file his reply. ( 2 ) wp8739-10 (iii) The executing Court shall, thereafter, if the reply is filed, and if the reply is not filed then immediately, hear the parties/their advocates and pass afresh order in keeping with the letters and spirit of Section 51, particularly Proviso appended to the said Section and the detention may be ordered if the case would come within the ambit of clauses (a) to (c) of the Proviso, or any of them and a specific finding shall be recorded as to why the detention is ordered under the law. (iv) The executing Court shall dispose of the application for detention, of the respondent within period of one (1) month after the period of two (2) weeks from date of appearance is over. The parties are directed to appear before the executing Court on 24th January, 2011. 2. The petition is accordingly disposed of, with no order as to costs. [ V.R. KINGAONKAR ] JUDGE NPJ/wp8739-10