RAJASHREE SHRINIVAS JOSHI Vs. OMEGA INFORMATION SYSTEMS

JUDGEMENT

(1.) The petitioners/ judgment debtors in Writ Petition No. 3429/ 2005 have challenged the impugned judgment and order dated 4.2.2005 passed by the learned Ilnd Joint Civil Judge, Senior Division, Kolhapur below Exhibits 22 and 23 in Special Darkhast No. 53/2004 filed by the respondents/decree holders. It is by this impugned judgement and order, that the Joint Civil Judge, Senior Division, Kolhapur is competent and has jurisdiction to proceed with the execution of the Award passed under the Arbitration and Conciliation Act, 1996 (for short, "the Arbitration Act") and thereby rejected the objection raised by the judgment debtors as their application under Order 21, Rule 47 of Code of Civil Procedure (CPC) was also pending for consideration.

(2.) In Writ Petition No. 3158/2003 the above petitioners/judgement debtors have challenged the impugned order dated 4.3.2003 passed by the learned Joint Civil Judge, Senior Division, Sangli below Exhibits 97 and 101 in Special Darkhast No. 44/ 2002 filed by the respondents/decree holders. By this impugned order, the Court has directed the petitioner (judgment debtor No. 2) to furnish the bank guarantee of Rs. 12,24,929/- and further observed to decide the issue with regard to the jurisdiction as per section 47 of the CPC, after compliance of above condition of furnishing the bank guarantee.

(3.) In Writ Petition (Stamp) No. 19974/2003, the decree holder M/s. Omega Information Systems has also challenged the impugned order dated 4.3.2003 passed on Exhibits 97' and 101' in Special Darkhast No. 44/2003.