Municipal Corporation Gr. Bombay v. M/S. Asian Techs. Ltd.

37-CHS-480-2013.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 480 OF 2013 IN EXECUTION APPLICATION NO. 109 OF 1999 IN APPEAL NO. 734 OF 1992 IN ARBITRATION PETITION NO. 241 OF 1987 IN AWARD NO. 126 OF 1987 The Municipal Corporation of Gr. Mumbai ... Applicant/ Petitioner

Versus

M/s. Asian Techs Ltd.

... Respondent And Kirloskar Construction & Engineer Pvt. Ltd.

... Opponent Mr. A.Y.. Sirsikar, for the Applicant / Petitioner.

CORAM:

RIYAZ I. CHAGLA, J DATED:

5TH APRIL 2018.

PC:- 1.

None appears for the parties. This Chamber Summons seeks setting aside of order dated 18th September 2012 and restoration of Execution Application No. 109 of 1999. By an order dated 18th September 2012, this Court had granted four weeks time to the Applicant for taking steps in the Execution Application. In the event that the Advocate for the Applicant failed to take such steps, the application would stand dismissed under Rule 329 of High Court Original Side without reference to the Court. It appears 1/2

37-CHS-480-2013.DOC that no steps were taken in the execution application and thus the application stood dismissed. It further appears that the Applicant is not interested in pursuing the execution as despite taking out the Chamber Summons to setting aside the order dated 18th September 2012 and restoration of the Execution Application, none appears for the Applicant.

2.

In view of the above, this Chamber Summons is accordingly dismissed.

( RIYAZ I. CHAGLA J. ) 3.

At 5.50 p.m., the learned counsel appearing for the Applicant states that, he was unable to be present in Court on account of the electronic board not showing current status of the matter.

4.

Having heard the learned counsel for the Applicant, I recall the order passed in the morning session and adjourn the Chamber Summons by a period of two weeks.

5.

Chamber Summons shall now be placed on 19th April 2018. ( RIYAZ I. CHAGLA J. ) 2/2