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Benchmark International vs Sky Barge Freight Pvt. Ltd. on 15 May, 2017

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HON’BLE MR. JUSTICE VALMIKI J.MEHTA

To be referred to the Reporter or not?

VALMIKI J. MEHTA, J (ORAL)

C.M. No.18283/2017 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

Ex.F.A. No.12/2017 and C.M. No.18282/2017 (stay)

2. This Execution First Appeal is filed by the

appellant/defendant/judgment debtor challenging the impugned order

dated 28.2.2017 whereby the objections filed by the

appellant/judgment debtor have been dismissed.

3. The facts of the case are that against the

appellant/judgment debtor a suit under Order XXXVII of the Code of

EFA No.12/2017 Page 1 of 3
Civil Procedure, 1908 (CPC) was filed and which suit was decreed in

terms of the order dated 20.12.2007 as nobody on behalf of the

appellant/judgment debtor pursued the leave to defend application

filed. This order dated 20.12.2007 resulting in the decree against the

appellant/judgment debtor reads as under:-

Source: Indian Kanoon

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