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2024 Supreme(Guj) 971

UMESH A. TRIVEDI, RAJENDRA M. SAREEN
Arun Kumar Jagatramka – Appellant
Versus
Ultrabulk A/S – Respondent


Advocates Appeared:
For the Petitioner: Mr. Percy Kavina, Sr. Adv., Ld. Counsel assisted by Mr. Vivek B. Gupta.
For the Respondent: Mr. Devang Nanavati, SR. Adv., Ld. Counsel assisted by Mr. Harsh N. Parekh.

JUDGMENT :

(Umesh A. Trivedi, J.)

Since both these petitions arise out of orders passed by executing Court, between the same parties, and more or less involving the same issue, it is thought fit to determine the same by this common judgment and order.

SUBMISSIONS IN SCA NO. 5890 OF 2021

1. This petition is filed by the petitioner – judgment debtor challenging the order passed by Principal Senior Civil Judge, Jamnagar, dated 20.02.2021 below Exhibit-56 in Regular Execution Petition (Commercial) No. 161 of 2019 filed by the decree holder under Order XXI Rule 41(1) read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as “the Code, 1908”) seeking an order directing the judgment debtor to examine by way of interrogatories in relation to his property or means of satisfying the decree and for production of documents by the judgment debtor, which came to be allowed.

The petitioner herein would be referred to as judgment debtor and respondent herein would be referred to as decree holder, as per their status before the executing Court.

2. The judgment debtor has challenged the impugned order dated 20.02.2021 passed below Exhibit-56, as it was passed, without allo

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