1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.438 OF 2005 WITH NOTICE NO.543 OF 2005 IN EXECUTION APPLICATION NO.95 OF 2005 IN RA/POL/BOMBAY/1037 OF 2002 Gr.Bombay Coop.Bank Ltd. .. Petitioner Versus M/s.Penguin Umbrella Works Pvt.Ltd. and Ors. .. Respondents Mr.P.Das i/b. Goyanka Law for petitioner Mr.P.Beri i/b. Beri & Co. for respondents. CORAM : S.C.DHARMADHIKARI, J. DATE : 17th November 2008 P.C. . This notice is moved by Gr.Bombay Coop.Bank Ltd. to recover the sums under Recovery Certificate which has been issued under section 101 of M.C.S.Act. It is already held by the Division Bench of this Court such a recovery certificate cannot be executed by resorting to 2 the provisions of Order XXI of C.P.C. treating it as a decree of the Civil Court. That judgement of the Division Bench is rendered in the very plaintiff’s/decree holder’s case and the challenge to the same before Hon’ble Supreme Court has failed. In such circumstances, when the execution application itself is not maintainable before this Court, no question arises of any further direction, much less, on the notice given under Order XXI Rule 22 of C.P.C. Both notices are, therefore, discharged. Execution application is dismissed for want of jurisdiction. (S.C.Dharmadhikari, J)