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High Court of DelhiEX.P./102/2006

Mr.Uri Justman v. M/S Telephone Cable Ltd Ac+

2016-11-11Hon'Ble Mr. Justice Manmohan Singh2 pages

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ EX.P. 102/2006 MR.URI JUSTMAN ..... Decree Holder Through:

None.

versus M/S TELEPHONE CABLE LTD ..... Judgement Debtor Through:

Mr Arjun Dewan and Ms Anupama Kumar, Advocates.

Mr Siddharth Mittal and Mr Anupam Yadav for Official Liquidator.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 11.11.2016 EX.APPL.(OS) Nos.125/2015, 285/2011, 151/2012, 127/2011, 288/2011, 207/2014 and 287/2011in EX.P.-102/2006 None appears for the Decree Holder.

The learned counsel for the Judgement Debtor refers to an order dated 13.01.2016 passed by a Division Bench of this Court in EFA(OS)9/2015, whereby it was held that the present execution cannot continue without the permission of the concerned Company Court. No such permission appears to have been taken; at any rate nothing has been filed before this Court to indicate to the contrary.

It is further stated that Decree Holder has expired. On the last date of hearing - 29.09.2016 - the learned counsel for the Decree Holder had sought time to ascertain whether the Decree Holder has expired.

Since none is present on behalf of Decree Holder, the petition is dismissed for non-prosecution.

The Decree Holder would be at liberty to apply afresh after obtaining necessary permission from the Company Court.

VIBHU BAKHRU, J NOVEMBER 11, 2016 RK