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K.S.GUPTA, P.D.SHENOY
Sanjay K. Malviya – Appellant
Versus
Siddharath Enterprises – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Shri Hiren Dasan, Advocate.

ORDER

K.S. Gupta, Presiding Member—Challenge in this appeal is to the orders dated 4.8.1998 and 30.8.2007 of State Commission, Delhi. Along with Memo of Appeal, the appellant has filed application seeking condonation of delay in filing appeal against the order dated 4.8.1998 in terms whereof M/s. Transbridge Shipping Pvt. Ltd., OP No.1 who was ex-parte, was directed to pay a total amount of Rs.4,28,500 to respondent No.1 complainant. In execution proceedings by the said order dated 30.8.2007, the appellant has been ordered to make payment of the balance awarded amount of Rs.2,14,000. Two Demand Drafts of Rs. 1,00,000 each and cash amount of Rs. 14,000 have been given on behalf of Preeti U. Rumade and Ulhas D. Rumade, Directors of OP No.1, Company to respondent No.1.

2. Submission advanced by Shri Hiren Dasan for the appellant is that the appellant was not a party in the complaint wherein the order dated 4.8.1998 was made. Appellant was the Executive Director of OP No.1 Company sometime upto 1997. Appellant, thus, not being a party in complaint or Director of OP No.1 on the date the award was made cannot be made to pay any amount to respondent No.1. Further submission advanced is that











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