IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION JUDGES’ JUDGES’ JUDGES’ ORDER ORDER ORDER NO.17 OF 2007 NO.17 OF 2007 NO.17 OF 2007 IN IN IN SUIT SUIT SUIT NO.53 NO.53 NO.53 OF 1996 OF 1996 OF 1996 The The The Himachal Himachal Himachal Pradesh State Industrial Pradesh State Industrial Pradesh State Industrial Deve.Corpn.Ltd Deve.Corpn.Ltd Deve.Corpn.Ltd ...... Plaintiff Plaintiff Plaintiff vs vs vs M/s M/s M/s Form Form Form Techniks (India) Ltd & ors Techniks (India) Ltd & ors Techniks (India) Ltd & ors..Defendants Defendants Defendants & H.P.Financial H.P.Financial H.P.Financial Corpn. Corpn. Corpn. ...... Pro.Deft Pro.Deft Pro.Deft Mr.Gaurang Mr.Gaurang Mr.Gaurang Mehta Mehta Mehta for Plaintiff for Plaintiff for Plaintiff CORAM CORAM CORAM : : : SMT R.S.DALVI, J SMT R.S.DALVI, J SMT R.S.DALVI, J DATE DATE DATE : 1st March, 2007 : 1st March, 2007 : 1st March, 2007 P.C. P.C. P.C. 1.1.1. The plaintiffs have obtained a decree from the The plaintiffs have obtained a decree from the The plaintiffs have obtained a decree from the Himachal Himachal Himachal Pradesh High Court in the above petition. Pradesh High Court in the above petition. Pradesh High Court in the above petition. That That That decree is to be executed. The plaintiff has decree is to be executed. The plaintiff has decree is to be executed. The plaintiff has got got got the decree transferred to this Court under the decree transferred to this Court under the decree transferred to this Court under order order order dated 16th Octber 2006. It is contended on dated 16th Octber 2006. It is contended on dated 16th Octber 2006. It is contended on behalf behalf behalf of the plaintiff that order dated 16th of the plaintiff that order dated 16th of the plaintiff that order dated 16th October October October 2006 is an order issuing execution against 2006 is an order issuing execution against 2006 is an order issuing execution against the the the defendants in an Execution Application and defendants in an Execution Application and defendants in an Execution Application and hence hence hence separate notice under Order 21 Rule 22 of separate notice under Order 21 Rule 22 of separate notice under Order 21 Rule 22 of C.P.C.is C.P.C.is C.P.C.is not required to be taken out for leave to not required to be taken out for leave to not required to be taken out for leave to execute execute execute the decree as per the proviso to that rule. the decree as per the proviso to that rule. the decree as per the proviso to that rule. 2.2.2. Consequently, notice under Order 21 Rule 22 Consequently, notice under Order 21 Rule 22 Consequently, notice under Order 21 Rule 22 C.P.C. C.P.C. C.P.C. is dispensed with. is dispensed with. is dispensed with. (Smt (Smt (Smt R.S.Dalvi,J) R.S.Dalvi,J) R.S.Dalvi,J)