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Madras High CourtA/5372/2023allowed

M/S. Essar Shipping Limited, v. Poompuhar Shipping Corporation Ltd.,

2024-01-02Honourable Mr Justice C. Saravanan2 pages

A.No.5372 of 2023 in E.P.No.39 of 2022 Application No.5372 of 2023 in E.P.No.39 of 2022 C.SARAVANAN, J.

This application has been filed by the applicant / decree holder for a direction for attendance and examination of the Managing Director of the Judgment Debtor or an officer or any other person of the Judgment Debtor to being orally examined before this Court by producing the book or documents of Accounts including Bank Accounts. 2.I have heard the learned counsel for the applicant and the learned Government Advocate for the respondent. 3.No counter affidavit has been filed by the respondent till date. 4.The award is dated 29.12.2009. Till date, the award dated 29.12.2009 has not been executed.

5.Having perused the affidavit and having considered the arguments advanced by the learned counsel for the applicant / decree holder and objection of the respondent, I see no impediment in allowing this application.

https://www.mhc.tn.gov.in/judis 1/2

A.No.5372 of 2023 in E.P.No.39 of 2022 C.SARAVANAN, J.

krk 6.Therefore, this application stands allowed. The Managing Director or any other responsible officer of the respondent Corporation duly authorized by the Board of Directors of the respondent Corporation shall appear before the Master's Court and produce Books of Accounts including the Bank Accounts, etc. of the respondent on the next date of hearing. After these documents are marked, the case file shall be transferred to Court for further orders.

7.List E.P.No.39 of 2022 before the Master's Court on 31.01.2024.

02.01.2024 krk Application No.5372 of 2023 in E.P.No.39 of 2022 https://www.mhc.tn.gov.in/judis 2/2