The court dismissed the applicant's application for waiver of attachment due to lack of representation from the applicant side after a two-year delay, deeming the delay as purposeful dragging of the matter.
Application dismissed due to lack of representation and undue delay.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION)
WEDNESDAY, THE 19TH DAY OF JANUARY 2022
THE MASTER
A.No.7902 of 2019 in E.P.No. 187 of 2007
E.P.No. 187 of 2007:-
M/s.Tribal Co-operative Marketing Development Federation of India Ltd. NUCI Building, 2nd Floor, 3, Siri Indstitutional Area August Kranti Marg New Delhi – 110 016.
...Decree Holder
Vs.
1.M/s. M.V.R. Industry Ltd (M/s MVR Industries Ltd) 5th Floor, Rayala Towers-3 781, Anna Salai Chennai – 600 002.
2.M/s. M.V.R. Industry Ltd (M/s MVR Industries Ltd) *Rep. By S.P.Vairavan (Director of M/s. MVR Industries Ltd) No.21-D, C.V.Raman Street Alwarpet, Chennai – 600 018
*** Amended as per order dated 22.09.2010 passed in A.No. 3383 of 2010 in E.P.No. 187 of 2007**
... Judgment Debtor
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A.No.7902 of 2019:-
Assets Reconstruction Company (India) Ltd. Rep. By its Dhananjay S Achrekar 9th Floor, 'Times Tower', Kamala Mills Compound, Lower Parel (W), Mumbai – 400 013. ... Applicant / Proposed 3rd Party Vs.
Application praying that this Hon'ble Court be pleased to raise the order of attachment dated 19.03.2009 made in E.P.No.187 of 2007 in Arbitration Award dated 20.05.2005 consequentially lift the attachment on the Schedule mentioned property.
This Application coming on this day before this court for hearing, the court made the following order:-
Decree Holder counsel present in VC. No representation for
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applicant. The matter is pending for 2 years. It seems that applicant is purposely dragging the matter. Already sufficient time given. Today also there is no representation from applicant side. Therefore this application is dismissed.
Sd./-THE MASTER
19/01/2022
//Certified to be true copy// Dated at Madras this the day of 2022.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
EVK 17/02/2022
1 issue framed by the court
Whether the application to waive attachment and lift attachment order should be considered when the applicant lacks representation and the matter is pending for two years.
Assets Reconstruction Company (India) Ltd.
Tribal Co-operative Marketing Development Federation of India Ltd.
M/s. M.V.R. Industry Ltd.
THE MASTER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
