Bombay High Court
Industrial Credit and Development Syndicate Ltd. and Dilip Kumar C. Maniar
Versus
Khanderao Ramrao Shivalkar
Decided On:

Headnote:Order XXI, Rule 2-Consent decree-Application for execution filed by plaintiff after 12 years Limitation-Contention that plaintiff had obtained stay orders and period of stay be excluded from prescribed period of 12 years limitation-Held, as stay was obtained by plaintiff himself and not by defendants stay period cannot be excluded-Application time barred - Court is not at all satisfied with the contention of the learned counsel for the plaintiff assignees that there should be exclusion of 1544 days from the limitation period which they relate to the stay orders. It appears that such stay orders were never obtained by the defendants and, therefore, the said period cannot be excluded from the execution period which is 12 years. The so-called stay orders obtained by the plaintiffs assignees themselves and/or their nominees inter se cannot defeat the right accrued to the defendants. If the plaintiffs assignees and their nominees file certain proceedings and obtain certain stay orders they cannot take advantage of such orders and, therefore, the aforesaid period cannot be excluded from the limitation period prescribed for execution of the decree. Court, therefore, holds that the execution application filed by the plaintiffs assignee is clearly barred by limitation and the same deserves to be dismissed.

       For Citation : 1999 (2) Mh LJ 317 : (1999) 101 (2) Bom LR 449 at p. 452 : 1999 (2) All MR 287 (Bom)