M/S.Gimpex Ltd., v. M/S.Aanchal Cement Ltd.

O.A.No.42 of 2013 and A.Nos.312 and 313 of 2013 RAJIV SHAKDHER, J.

A.No.313 of 2013

1. Ms.D.Dakshayini, who appears for respondent No.3, i.e., Karur Vysya Bank, seeks accommodation, as the main counsel is unwell.

1.1. To be noted, respondent No.3, among others, has been arrayed as party in this application in its capacity as a Garnishee.

2. Respondent No.3 will file an affidavit indicating therein as to whether or not it holds with it any money to the credit of respondent No.1. The said affidavit will be filed within one week, from today.

2.1. In case, the affidavit is not filed, as indicated above, the Manager of the Bank will remain present in Court.

3. I am told by the learned counsel for the applicant that respondent No.2, i.e., State Bank of India, has been served in the matter.

3.1. There is, however, no representation on behalf of the said respondent as well.

RAJIV SHAKDHER, J.

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4. Learned counsel for the applicant says he will attempt to serve respondent No.2 once again. Leave in that behalf is granted. Fresh notice be served on respondent No.2 via private mode.

5. I am further informed that the arbitration proceedings have commenced.

A.No.312 of 2013

6. Learned counsel for the applicant says that he does not wish to press this application and therefore, the captioned application be closed. Accordingly, the captioned application is dismissed as not pressed.

O.A.No.42 of 2013

6. Learned counsel for the applicant seeks to withdraw the application with liberty to move the learned Arbitrator under Section 17 of the Arbitration and Conciliation Act, 1996.

7. The captioned application is dismissed as withdrawn with liberty, as prayed.

20.10.2016 gg O.A.No.42 of 2013 and A.Nos.312 and 313 of 2013