1 n1622-09.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice No. 1622 of 2009 in Execution Application No. 377 of 2009 in AR/BCB/GOV/103 & 104 of 2004 The Bharat Co-op. Bank Ltd. .. Claimants v/s. Vishnu K. Gawde & Ors. ..Respondents Mr.A.K.Moily for the Claimant. Ms.Ratna Jaiswal for the Respondent Nos.9 to 12 CORAM : R.Y.GANOO, J. DATED : 1st February, 2011 P.C. : 1. Notice under Order 21 Rule 22 of CPC is served only upon respondent nos.3 and 4 and 9 to 12. The plaintiffs have not been able to place on record affidavit to show that the notice is served upon other defendants. Hence notice under Order 21 Rue 22 of CPC is dismissed so far as the respondent nos.1, 2 and 8. There shall be no order as to costs. Consequently, Execution Application No.377 of 2009 is dismissed so far as these respondents are concerned. 2 n1622-09.sxw 2. Respondent Nos.3 and 4 have not filed affidavit in reply. Respondent nos.9 to 12 have filed affidavit in reply. 3. I have heard learned Counsel on both sides. Counsel for the respondent nos.9 t o 12 stated that after the award was passed, same was challenged by filing proceeding under Section 34 of the Arbitration and Conciliation Act, 1996 and that the said application has been dismissed for non payment of court fees. This will mean that as of today the award is confirmed. Hence the respondent nos.9 to 12 will have to face the execution proceeding. It was sought to be argued that the respondent nos.9 to 12 are bonafide purchasers and therefore the decree is not binding on them. Once it is observed that the decree stands against respondent nos.9 to 12, this objection does not sustain. 4. Hence notice is required to be made absolute against respondent nos. 3, 4 and 9 to 12. Hence following order is passed. ORDER i) Notice is dismissed so far as respondent nos.1, 2 and 8. There 3 n1622-09.sxw shall be no order as to costs. ii) Execution Application is dismissed as against respondent nos. 1, 2 and 8. iii) Notice is made absolute so far as respondent nos.3 and 4, and 9 to 12. There shall be no order as to costs. Execution to proceed against the respondent nos.3, 4 and 9 to 12. Notice disposed of. [R.Y.GANOO, J.]