M/ Arctos Shipping Co Ltd. v. M/S. Fal Shipping Co. Ltd.

13.394.15-n FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.394/2015 IN EXECUTION APPLICATION NO.455/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Nimay Dave a/w. Ms. Damayanti Sen i/b. Bose & Mitra Co. for the Award Holder/ petitioner Ms. Shruti S. Sawant i/b. K. H. Giri for the respondent.

CORAM : K. K. TATED, J.

DATE : SEPTEMBER 11, 2017 P.C.:

1.

Heard. Though sufficient time was granted to the advocate for the respondent - debtor, they failed and neglected to file their Affidavit-in-Reply. 2.

The notice is filed by the award holder under Order XXI Rule 22 of the Code of Civil Procedure, 1908 for execution of the award dated 02.07.2014. 3.

Considering the submissions made by the learned counsel for the applicant and as the respondent has failed and neglected to file Affidavit-in-Reply, I am satisfied that the applicant has made out a case for allowing the Notice.

Basavraj G Patil 1/2

13.394.15-n 4.

Hence, following order is passed:

a.

Notice filed by the award holder under Order XXI Rule 22 of the Code of Civil Procedure, 1908 is allowed.

b.

The petitioner can proceed with execution application filed by them against the respondents. c.

The Notice stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2