Allowed

Suchitra Fabtex Pvt.Ltd. v. S.K. C. Retail Limited

Bombay HC11 Aug 2014ARBP/1032/2014

Case brief

AI extract

What is this about?

This arbitration petition was filed under Section 9 of the Arbitration and Conciliation Act to secure execution of an award. The court, noting the respondent's absence despite service, granted interim relief including appointment of a Receiver and an injunction against alienating property.

What did the court decide?

Direction to file affidavit of assets, injunction against creation of third party rights, and appointment of Court Receiver.

Suchitra Fabtex Pvt.Ltd. Vs S.K. C. Retail Limited — Execution and Attachment | Bombay HC (2014)

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3-ARBP10322014.DOC

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ars

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION PETITON NO. 1032 OF 2014

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Suchitra Fabtex Pvt. Ltd.…Petitioners
Versus
S.K.C. Retail Limited…Respondents

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…Respondents

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Mr.A.M. Saraogi, a/w Sushil Upadhyay, for the Petitioners.
None for the Respondents.

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CORAM: G.S. PATEL, J DATED: 11th August 2014

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PC:-

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The Respondents are absent though served. An affidavit of service dated 8th August 2014 is filed and it is taken on record. It shows that service has been effected on the Respondent. Under cover of the Petitioners’ advocate’s letters dated 5th August 2014 and 7th August 2014.

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The Petitioners’ case is that at the request of the Respondents, the Petitioners sold, supplied and delivered various materials to the Defendants. However, payments were not made. The Petitioners’ bills contain an arbitration clause. The Petitioners invoked arbitration. An award was passed on 18th January 2014, which the Petitioners are now in the process of putting into execution. The reliefs sought in this Petition under Section 9 of the

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3-ARBP10322014.DOC

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Arbitration and Conciliation Act, are in aid of that execution
proceeding to be commenced by the Petitioners and to ensure that
the award is not rendered a dead letter..

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A copy of the award is Exhibit – A to the Petition. It directs the Respondents to pay to the Petitioners a sum of Rs.7,61,699/- as the principal amount plus interest, aggregating to a total of Rs.10,93,419/- within 15 days.

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As I have noted, despite service the Respondents have chosen not to appear or to arrange to be represented by advocates.

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In that view of the mater, there will an order in terms of prayer clauses (a), (b) and (c) of the present Petition, which read as follows: (a) that pending the hearing and final disposal of the present Arbitration and Execution proceedings, the Respondents be directed to forthwith file an affidavit placing on oath all the movable and immovable properties owned and occupied by them or where they hold any interest of whatsoever nature within a period of 15 days from the date of passing of the order on such terms as this Hon’ble Court may deem fit and proper;

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(b) that pending the hearing and final disposal of the present Arbitration & Execution proceedings, the Respondents, their Directors be restrained by an order and injunction of this Hon’ble Court from

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3-ARBP10322014.DOC

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in any manner creating any third party rights and/or part with possession in respect of any of the properties belonging to the Respondents in any manner whatsoever;

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(c) that pending the hearing and final disposal of the arbitration and execution proceedings, the Court Receiver, High Court, Bombay be appointed as Receiver in respect of the premises being the premise situated at 15/17, Subramaniam Street, Purasawalkam, Chennai 600 007 and/or all other premises owned or where the Respondents hold any interest with such further directions for disposal of the same on such terms as this Hon’ble Court may deem fit and proper.

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Prayer (c) is for the appointment of the Court Receiver of certain immovable properties at Chennai. Receiver to act on an authenticated copy of this order. Receiver shall, however, not disturb the possession of the Respondents nor dispose of these properties but shall only take only symbolic possession and shall make a report accordingly.

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Liberty to the Respondents to apply for variation, modification or recall of this order after 72 hours’ prior written notice to the advocate for the Petitioners.

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8. The Petition is disposed of in these terms.

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(G. S. PATEL, J.)

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Suchitra Fabtex Pvt.Ltd. v. S.K. C. Retail Limited

Case brief

What is this about?

What did the court decide?

Suchitra Fabtex Pvt.Ltd. v. S.K. C. Retail Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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