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2006 Supreme(MP) 1180

N.K.MODY
ANIL RATHI – Appellant
Versus
MAHALAXMI FILM DISTRIBUTORS – Respondent


Advocates Appeared:
D.S.Kale, G.M.CHAPHEKAR, Subodh Abhyankar

( 1 ) BEING aggrieved by the order dated 27-3-2006 passed by II ADJ, Indore in execution case No. 6/2003 whereby the application filed by the petitioner for review of the order dated 5-10-2005 was dismissed and the order of warrant was issued for compliance of the order dated 16-4-2005 whereby the petitioner was sent to jail for a period of one month, the present petition has been filed.

( 2 ) SHORT facts of the case are that petitioner is Proprietor of M/s. Shree Ganesh products. There was an award against the petitioner for a sum of Rs. 14 lacs along with interest @ 24% per annum with effect from 6-4-1996. It is submitted that execution petition was filed against the petitioner for realization of Rs. 36,89,375/- together with interest. During the pendency of the execution proceedings, the respondent filed an application under Order XXI, Rule 37, CPC. wherein it was prayed that since the petitioner is not paying the decreetal amount, therefore, petitioner be sent to civil jail. Vide order dated 16-4-2005, the executing Court directed that petitioner be sent to jail for a period of one month. Being aggrieved by the order dated 16-4-2005, an application for review was fiied which wa










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