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2017 Supreme(Del) 649

PRADEEP NANDRAJOG, YOGESH KHANNA
Ashok K Chauhan – Appellant
Versus
Formosa Plastics Corporation, USA – Respondent


Advocates Appeared:
For the Appellants : Mr. A.S. Chandhiok, Dr. R.M. Sharma, Mr. Tanmaya Mehta, Mr. Rajan Chawla, Mr. A.P. Singh, Mr. S.B. Singh, Mr. Gautam Chauhan, Mr. Shyam Singh
For the Respondent: Mr. Arvind K. Nigam, Ms. Shyel Trehan, Ms. Manjira Dasgupta, Mr. Mikhil Sharda

JUDGMENT :

Pradeep Nandrajog, J.

1. The respondent : Formosa Plastics Corporation, filed EP No.38/1998 for execution of a decree of the Chancery Division of the U.K. High Court. The decree was against appellant No.1, who filed interim applications praying a summary rejection of the execution petition on the ground that the same was not maintainable. These applications were being heard by Mr. Justice V.K. Shali because of the then Roster notified by the Chief Justice of this Court. The applications were part-heard on November 15, 2010. The next date was December 16, 2010. The learned Judge was on leave. The Court Master adjourned the matter to March 31, 2011. A day prior, the Roster was changed, but with a specific direction by the Chief Justice that part-heard matters would continue to be listed before the previous Bench before which the matter was part-heard. Overlooking said direction, the Registry listed the matter before Mr. Justice J.R. Midha on March 31, 2011 who dismissed the execution petition noting no representation from the side of the respondent. This led the respondent to file two applications, one seeking restoration of the execution petition and the other seeking delay

















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