Punj Lloyd Ltd v. Great Eastern General Insurance Limited ( Earlier Known As The Overseas Assurance Corporation Limit

$~5 (Special Bench) *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ EFA(OS) 8/2018 PUNJ LLOYD LTD ..... Appellant Through: Mr. Karan Luthra, Ms. Niyati Kohli and Mr. Pranjit Bhattacharya, Advocates.

versus GREAT EASTERN GENERAL INSURANCE LIMITED ( EARLIER KNOWN AS THE OVERSEAS ..... Respondents Through: Mr. Moazzam Khan, Ms. Shweta Sahu and Mr. Rajesh Kumar, Advocates

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 11.01.2019 CM APPL. 53386/2018 (Exemption) Allowed, subject to all just exceptions CM APPL. 53385/2018 (by the appellant for clarification of the order dated 19.09.2018) 1.

The present application has been filed by the appellant praying inter alia for clarification of the order dated 19.09.2018, passed in the present appeal.

2.

Vide order dated 19.09.2018, their appeal was disposed of with liberty granted to the appellant/judgment debtor and the proposed objectors, State Bank of India & M/s. Petronet MHB Ltd. to make their submissions before the learned Single Judge in the pending Execution Petition No.148/2016. While passing the said order, it was made clear that this Court had not made any observations on the merits of the impugned order dated 29.05.2018 and it was left to the learned Single Judge to pass appropriate orders after hearing the parties, in accordance with law.

EFA(OS) 8/2018

3.

In the course of arguments, learned counsel for the appellant states that as a matter of fact, a clarification in respect of para 3 of the order dated 06.07.2018 is sought and not of the order dated 19.09.2018. 4.

On a perusal of the application, it is noted that the stand of the appellant is that the orders passed earlier to 19.09.2018, stood merged with the said order and as a result, the directions that were issued in para 3 of the order dated 06.07.2018, calling upon the promoters of the appellant to file their affidavits indicating inter alia their moveable and immovable assets and the recoverables due to them from any source as on the date of the decree, i.e. on 29.06.2016, need not have been complied with. 5.

We find no merit in the aforesaid submission. We may clarify that this Court had not exempted the appellant on its promoters from complying with the order dated 06.07.2018, either on the subsequent date of hearing, i.e. on 06.09.2018 or later, on 19.09.2018.

6.

The present application is accordingly dismissed as meritless. HIMA KOHLI, J REKHA PALLI, J JANUARY 11, 2019 na EFA(OS) 8/2018