Dhanya Agroindustries Pvt. Ltd vs Kokila Cotton Export Pvt. Ltd on 5 August, 2016

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Gujarat High Court

Dhanya Agroindustries Pvt. Ltd vs Kokila Cotton Export Pvt. Ltd on 5 August, 2016

Bench: Akil Kureshi

                  O/OJMCA/53/2016                                               ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      MISC. CIVIL APPLICATION (OJ) NO. 53 of 2016

         ==========================================================
                   DHANYA AGROINDUSTRIES PVT. LTD....Applicant(s)
                                     Versus
                   KOKILA COTTON EXPORT PVT. LTD....Respondent(s)
         ==========================================================
         Appearance:
         MR NARENDRA L JAIN, ADVOCATE for the Applicant(s) No. 1
         NOTICE SERVED BY DS for the Respondent(s) No. 1
         ==========================================================

          CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI

                                      Date : 05/08/2016


                                        ORAL ORDER

This application is filed for the purpose of execution of arbitration award dated 4.9.2015 as amended by order dated 15.10.2015 being a foreign award.

On 6.5.2016, notice was issued making it returnable on 17.6.2016. Though served no one appeared for the respondent. In terms of subrule(1) of Order XXI Rule 23 of Code of Civil Procedure, where the person to whom notice is issued under rule 22 does not show cause to the satisfaction of the Court why the decree should not be executed, the Court shall order the decree to be executed, the Court shall order the decree to be executed. In the present case, since the respondent has not appeared and pointed out why the decree should not be executed, I am of the opinion that same is required to be executed in terms Page 1 of 2 HC-NIC Page 1 of 2 Created On Tue Aug 09 02:27:42 IST 2016 O/OJMCA/53/2016 ORDER of Order XXI Of the Code of Civil Procedure.

Having taken such measures, the stage would now come for issuance of process as provided in subrule(1) of Order XXI Rule 23. The petitioner has supplied the details of an immovable property belonging to the respondent which are as under :

"KOKILA COTTON EXPORT LTD. "Kokila House" Off C.G. Road, B/h Lal Bungalow, Ahmedabad, (Gujarat)"

Let such property be attached and process thereof be issued to respondent, returnable on 2.9.2016.

This order be executed by the bailiff of City Civil Court, Ahmedabad. Registry to transmit this order to the Registrar, City Civil Court, Ahmedabad, for its execution.

(AKIL KURESHI, J.) raghu Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Aug 09 02:27:42 IST 2016

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