Legal Opinion for Filling of the Execution Case arising out of Artha Rin Suit

Mr. Z

Address….

Dear Sir,

RE:     Filling of the Execution Case arising out of Artha Rin Suit No. 210 of 2005 against Company 1.

Please refer to the above subject matter.

You are aware that the Writ Petition No. 8264 of 2006 arising out of judgement and decree dated 20.07.2006 appeared in the list of the Hon’ble High Court Division on 18.02.2007 for extension of stay. The Hon’ble Court vide order dated 18.02.2007  observed that due to Emergency Proclamation Order No. 2 dated 11.02.2007 hearing of all cases relating to the fundamental right and since the rule issued in the Writ petition involved fundamental rights, no order for extension can be passed.

Since the order of stay has not been extended and considering the limitation period for filing Execution Case to execute the judgement and decree dated 20.07.2006 and as per your instructions, we have filed the Execution Case on 14.03.2007, which is numbered as the Artha Jari Case No. 73/2007.

The learned Executing Court recorded the case but declined to proceed with the case since the rule in Writ Petition No. 8264 of 2006 has not been disposed off as yet.

If you have further query please do not hesitate to inform us.

Thanking you.

Yours faithfully,

………………….

For: “The Lawyers & Jurists”