L And T Geostructure Pvt Ltd vs Gammon India Ltd
2021 Latest Caselaw 6590 Bom

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                               [ COMMERCIAL DIVISION ]

                 INTERIM APPLICATION (LODGING) NO.9252 OF 2021
                                           IN
        COMMERCIAL EXECUTION APPLICATION (LODGING) NO.35 OF 2020

L & T Geostructure Pvt. Ltd.                            .. Applicant
           Vs.
Gammon India Ltd.                                       .. Org. Respondent
          And
National Highways Authority of India                    .. Respondent-Garnishee


Mr. Karl Shroff, with Ms. Sanaya Dadachanji and Mr. Shantanu Ray, i/by
Manilal Kher Ambalal & Co., for the Applicant.
Ms. Savita T. Suryavanshi, i/by Mr. Ashish T. Suryavanshi, for Respondent
No.1.


                                             CORAM : A. K. MENON, J.

DATED : 21ST APRIL, 2021.

(THROUGH VIDEO CONFERENCE)

P.C. :

1. Heard Mr. Shroff in support of this application, which is in the nature

of garnishee proceedings. Relief is sought against National Highways

Authority of India, which is believed to be indebted to the original

respondent-judgment debtor. The learned counsel for the applicant states that

the respondent-garnishee in this IA, namely, the National Highways Authority

of India, has been duly served with the notice of the today's hearing. He relies

19-IAL-9252-2021.doc Dixit

upon an affidavit-of-service dated 7th April 2021, which encloses copy of the

notice. The affidavit-of-service indicates that the notice of this application

was served on 5th April 2021 on National Highways Authority of India by

speed-post, however since they are not represented today, Mr. Shroff states

that specific notice of the fact that the matter is listed today has been provided

by e-mail to the Chief General Manager of National Highways Authority of

Idnia. Copy of the e-mail is proposed to be filed in an affidavit-of-service

indicating that the respondent-garnishee has been informed.

2. In the circumstances, fresh notice to be served upon the National

Highways Authority of India informing them that the matter will be listed on

26th April 2021. Affidavit-of-service of such notice to be filed in the registry

by 22nd April 2021.

3. List the IA on 26th April 2021.

(A. K. MENON, J.)

19-IAL-9252-2021.doc Dixit