Judgment:
Per Shri S.R. Khanzode, Honble Presiding Judicial Member
We heard Mr. Subodh Gokhale, Advocate for the petitioners.
This Revision Petition is directed against the alleged order dated 16/07/2009 passed in Execution Application No.477/2008, Shri Dhondiram B. Gawli V/s. Sampat Nagari Sahakari Patsanstha Maryadit and Ors., on an application requesting to issue warrant against judgment debtors by District Consumer Disputes Redressal Forum Sangli (âForum below in short). It was an application to issue non-bailable warrant against non-applicant No.3 who preferred to remain absent in spite of service of bailable warrant on him. Similarly, bailable warrants were requested to be issued against judgment debtors/non-applicant Nos.2and4 for their appearance. Forum below directed to issue bailable warrant of Rs.1,000/- against judgment debtor/non-applicant No.2 and directed to issue non-bailable warrant against judgment debtor/non-applicant No.3. Feeling aggrieved thereby, this Revision Petition is preferred.
It is obvious that since judgment debtor/non-applicant No.3 failed to remain present in spite of service of bailable warrant; non-bailable warrant was directed to be issued against him to secure presence for the proceeding in execution. Therefore, no fault as far as this part of the impugned order, could be found. Against judgment debtor/O.P.No.2 bailable warrant was directed to be issued. That warrant is also for securing appearance. Therefore, judgment debtor/non-applicant No.2 can very well appear before the Forum below. No illegality could be fastened to the impugned order. Under the circumstances, there is no reason to interfere with the impugned order. We hold accordingly and pass the following order:-
Order:
1. Revision Petition stands dismissed in limine.
2. No order as to costs.
3. Misc. Appl. No.1220/2009 which is for stay stands disposed of as infructuous.
4. Copies of the order be furnished to the parties.