Mmtc Ltd v. Vitol S A And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ EFA(OS) 23/2016 MMTC LTD ..... Appellant Represented by:

Mr.Chinmoy Pradip Sharma, Advocate with Mr.Gauri Subramanium, Mr.Sayan Ray, Mr.Vishal Balecha, Mr.Ishan Das, Advocates versus VITOL S A AND ANR ..... Respondents Represented by:

Mr.Sandeep Sethi, Sr.Advocate instructed by Mr.Arvind Kumar Gupta, Mr.Aditya Krishna Murthy, Ms.Alpna Malik, Advocates for R-1

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 05.10.2016 Cav 867/2016 Counsel as above appears for the respondent/caveator and hence the caveat is discharged.

CM No.37031/2016 Allowed subject to just exceptions.

EFA(OS) 23/2016 1.

Having perused the affidavit filed by the appellant in compliance with the order dated July 16, 2015, learned counsel for the appellant fairly concedes that the affidavit is fairly confusing and does not set-out the facts EFA(OS) 23/2016

required to be considered by the Court to decide what sum appellant should deposit in Court as a garnishee.

2.

Faced as aforesaid, we grant liberty to the appellant to withdraw the appeal observing that the appellant would be entitled to file an application indicating clearly therein what amount it admits payable to the judgment debtor and on what facts it pleads that no order be passed against it as a garnishee to secure full or any part of the decretal amount against the judgment debtor.

3.

Needless to state, if such an application is filed the learned Single Judge shall accord a consideration thereto.

4.

The appeal is dismissed as not pressed.

5.

No costs.

CM No.37030/2016 Dismissed as infructuous.

PRADEEP NANDRAJOG, J.

PRATIBHA RANI, J.

OCTOBER 05, 2016 'skb'

EFA(OS) 23/2016