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Bombay High CourtN/480/2015

Gannon Dunkerley And Co. v. Remi Metals Gujarat Ltd

2017-03-24Hon'Ble Shri Justice G.S. Patel2 pages

12-N480-15.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 480 OF 2015 IN EXECUTION APPLICATION NO. 1200 OF 2014 Gannon Dunkerley & Co

...Petitioner

Versus

Remi Metals Gujarat Ltd

...Respondent

Mr A Banerjee, i/b Sapana Rachure, for the Petitioner. An Advocate, i/b Purnanand & Co, for the Respondent. CORAM: G.S. PATEL, J DATED:

24th March 2017 PC:- 1.

This is a Notice under Order 21 Rule 22 of the Code of Civil Procedure 1908. The decree arises out of an Award dated 11th May 2011. The Award Debtor challenged it in the District Court in Bharuch. That challenge failed. I am not concerned whether that was for want of jurisdiction or on merits.

2.

The Award Debtor has filed a Writ Petition in the Gujarat High Court. There is no order staying the execution. The Award Holder has, therefore, filed and serve this Notice under Order 21 Rule 22 of the Code of Civil Procedure, 1908. 24th March 2017

12-N480-15.DOC 3.

There is no reason not to allow it. The Notice is made absolute.

(G. S. PATEL, J.) 24th March 2017