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1991 Supreme(Bom) 195

A.D.MANE
Pundlik s/o Mahadu Nazire – Appellant
Versus
Maharashtra State Farming Corporation – Respondent


JUDGMENT - A.D. MANE, J.:---The revision application is directed against the order issuing warrant for arrest and detention of the petitioner under Order XXI, Rule 38 read with section 51 of Code of Civil Procedure.

2. The petitioner was working with the respondent as a Clerk and it was the case of the respondent that during his tenure of service he has misappropriated certain amount being the sale proceeds to a sum of Rs. 6,530.62 Ps. The plaintiff-respondent therefore, filed a suit to recover the said amount from the petitioner. The said suit was decreed on February 26, 1980. The respondent, thereafter, tried to excute the decree by attaching the petitioner's provident fund. The amount could not be legally attached and, therefore, there was no realisation of the decree. Thereafter, it appears that the petitioner gave his consent and authorised the respondent to withdraw the amount from his provident fund with the leave of the Court. The decree was, however, not satisfied. The respondent then applied to the executing Court inter-alia alleging that the petitioner is a well to do person and has got means to pay but has been adopting delaying tactics and wants to prolong the matter an











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