Bombay High Court
M/S. Everglades Shipping Corporation vs M/S. Shree Laxmi Trading Exports ... on 5 August, 2019
Author: R.I. Chagla
Bench: R.I. Chagla
15-EXA-575-11.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION NO. 575 OF 2011
M/s. Everglades Shipping Corporation ...Applicant
Versus
M/s. Shree Laxmi Trading Exports (India) ...Respondent
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Mr. Mayur Agarwal, Dr. Shrikant Hathi, Mr. Pritish Das, i/by Brus
Chambers, for the Applicant.
Ms. Aishwarya Athavale, for the Respondent.
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CORAM : R.I. CHAGLA J.
DATE : 5 August 2019
ORDER :
1. This Execution Application has been placed for dismissal under Rule 329 of the Bombay High Court (O.S.) Rules.
2. Pursuant to the directions of this Court issued in the order dated 12th July 2019, the additional Affidavit has been filed on behalf of the Application dated 18th July 2019. In the said Affidavit, an explanation has been given as to the delay in proceeding with the 1/3 August 5, 2019 ::: Uploaded on - 07/08/2019 ::: Downloaded on - 07/08/2019 21:03:15 ::: 15-EXA-575-11.doc Execution Application which delay is well beyond the 12 months as provided under Rule 329 of the Bombay High Court (O.S.) Rules. It is stated by the learned Counsel for the Applicant that the erstwhile advocate had also not handed over the papers to the newly appointed advocate in 2012 and hence, it was not possible for the newly appointed advocate to proceed with the Execution Application. It is stated that the newly appointed advocate came on record only in the month of June 2012. It is stated in the said Affidavit that the Applicant Company is based in Cyprus and it was difficult to ascertain the properties of the Respondent to proceed in the Execution Application which resulted in the inordinate delay. It is stated that admittedly there is inadvertent delay due to oversight in prosecuting the Execution Application and that in the interest of justice, considering that this is a foreign award and that the Applicant is Cyprus company, this Court is requested not to dismiss the Execution Application.
3. I am satisfied with the averments in the additional Affidavit on behalf of the Applicant dated 18th July 2019 and a justifiable reason is provided in the said Affidavit for not prosecuting the Execution Application within the 12 months as provided for 2/3 August 5, 2019 ::: Uploaded on - 07/08/2019 ::: Downloaded on - 07/08/2019 21:03:15 ::: 15-EXA-575-11.doc under Rule 329 of the Bombay High Court (O.S.) Rules.
4. Accordingly, the Execution Application shall be proceeded with by the Applicant/Decree-holder and that the Execution Application is not required to be dismissed under Rule 329 of the Bombay High Court (O.S.) Rules. Considering that the Applicant is desirous of taking out an application for disclosure of the assets of the Judgment-Debtor, the time is granted to the Applicant for a period of three weeks from the date of this order for taking out the application for disclosure in the Execution Application.
5. List the Execution Application for hearing on 28th August 2019.
[R.I. CHAGLA J.] 3/3 August 5, 2019 ::: Uploaded on - 07/08/2019 ::: Downloaded on - 07/08/2019 21:03:15 :::