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Bombay High CourtCHS/361/2013disposed off

Indiabulls Financial Services Ltd. v. Paper Print India Pvt. Ltd. And Others

2015-02-04Hon'Ble Smt. Justice R.S. Dalvi2 pages

CHS.361/2013/EXA.367/2013(31) mnm

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 361 OF 2013 IN EXECUTION APPLICATION NO. 367 OF 2013 IN ARBITRATION CASE NO. AK1B/69/2010 Paper Prints India Pvt. Ltd. & Anr.

...Applicants/Respondents In the matter between:

Indiabulls Financial Service Ltd.

...Claimants Vs.

Paper Prints India Pvt. Ltd. & Anr.

...Respondents

None present for the parties CORAM : MRS. ROSHAN DALVI, J.

DATED :4TH FEBRUARY, 2015 P.C. :

1.

The applicant has taken out this chamber summons for setting aside the ex-parte award dated 18th July, 2011 and for raising the warrant of attachment in execution of the award. The applicant must separately challenge the award. That challenge is not shown though stated. The applicant company is stated to have made a reference before the BIFR under Section 25(1) of SICA Sick Industrial Companies (Special Provisions) Act, 1985. The appeal before the AAIFR is stated to be pending from the order of BIFR.

CHS.361/2013/EXA.367/2013(31) The appeal having been filed as per the case of the applicant is not shown to Court.

2.

Consequently the chamber summons is dismissed. The interim order dated 29th April 2013 stands vacated. 3.

The execution may proceed.

(ROSHAN DALVI, J.)