1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7017 OF 2008 Machindra S/o.Devram Ghule PETITIONER VERSUS Maharashtra State Electricity Board and others RESPONDENTS Mr.H.I.Pathan, holding for Mr.V.S.Bedre, advocate for petitioner. Mr.H.T.Joshi, advocate for respondents. (CORAM : A.V.POTDAR, J.) DATE : 26/06/2009 PER COURT : 1. By the present writ petition, the petitioner herein has challenged the order passed below Exh.1 and 31 in Spl.Dkt.No. 57/2007 pending on the file of Civil Judge, S.D. Sangamner. By way of order dated 20/11/2008, the learned Trial Judge issued a warrant of arrest against the petitioner on the application moved by the respondents herein under the provisions of Order 21 Rule 38 of CPC. 2. Today when the writ petition came up on board for hearing of admission, advocate for respondents on instructions states across the bar that it appears that in the execution proceeding pending before the Trial Court, before taking the steps as required under 2 Order 21 Rule 30 of CPC for the execution of the money decree by attaching the property of the JD Institution, the action under Order 21 Rule 38 of CPC was initiated against the present petitioner, who were the office bearers of the original JD No.1 M/s.Baleshwar Milk & Agri. Products Ltd., of which the present petitioner is the Director. As the advocate for respondents make it clear that they will not insisting for the arrest of this petitioner, the order passed by the Trial Court under Order 21 Rule 38 of CPC, dated 20/11/2008 is hereby quashed and set aside. Writ petition stands disposed of accordingly. It is hereby made clear that the respondents are not precluded from taking the same action again in case the decree is not satisfied after the property of M/s.Baleshwar Milk & Agri. Products Ltd., was attached and sold and not satisfied, then they are entitled for the action in accordance with Law. (A.V.POTDAR, J.) khs/wp7017.08