Asian Natural Resources (India) Ltd. (Bhatia International Ltd.)(Org. Claimant/Awd. Debtor) Vs Vitol S. a. (Org. Res. /Awd. Holder)and Mrs Lata Pradeep Mittal (Applicant )

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3.nms-164.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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ORDINARY ORIGINAL CIVIL JURISDICTION

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NOTICE OF MOTION NO.165 OF 2016 IN CHAMBER SUMMONS (L)NO.1769 OF 2015 IN EXECUTION APPLICATION NO.240 OF 2011 IN FOREIGN AWARD DATED 17TH JANUARY, 2011

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Mrs. Lata Pradeep Mittal ...Applicant In the matter between Asian Natural Resources (India)Ltd. ...Org. Claimant/ Award Debtor V/s. Vitol S.A. …Org. Respondent/ Award Holder

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Mr. Z.T. Andhyarujina, Mr. A. Majumdar, Mr. Aditya Krishnamurthy, Mr. Abraham Varguses, Ms. D. Sen i/b. Bose & Mitra & Co. for the Award Holder.

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Ms. Ankita Singhania i/b. Gordhandas & Fozdar for the Claimant/Award Debtor.

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Mr. Faran M. Khan i/b. Mustafa Banatwala for the Applicant in NMS/165/2016.

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CORAM : A. K. MENON, J.

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DATE : 16TH FEBRUARY, 2016.

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P.C.:

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This is an application for recall/setting aside the order dated

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9^th December, 2015 whereby the Chamber Summons came to be dismissed for default. The affidavit in support of the present Notice of

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2 3.nms-164.doc

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Motion filed by the Advocate for the applicant. The deponent has set out the reasons why he could not remain present. In paragraph 3 he has stated that on 2^nd December, 2015 his eldest maternal uncle passed away. He had to travel to attend to the obsequial ceremony and returned to Mumbai only on 11^th December, 2015. In the meantime, the Chamber Summons appeared on board and came to be dismissed.

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2] As far as the claimants are concerned, there is no affidavit in reply as such there is no serious opposition on behalf of the claimants. I am satisfied with the reasons provided in the affidavit in support of the Notice of Motion. Accordingly the Notice of Motion is made absolute in terms of prayer clause (a).

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3] The Chamber Summons to be listed on 26^th February, 2016.

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wadhwa

Asian Natural Resources (India) Ltd. (Bhatia International Ltd.)(Org. Claimant/Awd. Debtor) v. Vitol S. a. (Org. Res. /Awd. Holder)and Mrs Lata Pradeep Mittal (Applicant )

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Asian Natural Resources (India) Ltd. (Bhatia International Ltd.)(Org. Claimant/Awd. Debtor) v. Vitol S. a. (Org. Res. /Awd. Holder)and Mrs Lata Pradeep Mittal (Applicant )

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