Judgment debtor challenged two orders issuing arrest warrants against him in execution of an arbitral award for non-payment. The High Court found no error in the Executing Court's orders since no amounts had been paid under the award, and dismissed the writ petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.5273 OF 2024 (GM-CPC)
BETWEEN:
…PETITIONER
(BY SRI V.B. SIDDARAMAIAH, ADVOCATE)
AND:
Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka
HAVING ITS BRANCH OFFICE AT DAVANAGERE AVK COLLEGE ROAD ABOVE TRENDS, P.J. EXTENSION DAVANAGERE -
REPRESENTED BY ITS POWER OF ATTORNEY HOLDER AND AUTHORIZED SIGNATORY MR. HANUMANTHAPPA G.R.
NC: 2024:KHC:21531 WP No. 5273 of 2024
S/O RAJAPPA S.O. AGED ABOUT 42 YEARS.
…RESPONDENTS
(R.1: SERVED)
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR ORDERS TO SET ASIDE THE ORDER DATED 05.01.2024, PASSED IN COM.EX.NO.267/2022, BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT DAVANAGERE, PASSED IN THE ORDER SHEET, TO ISSUE ARREST WARRANT AGAINST THE JDR NO.1 (PETITIONER) VIDE ANNEXURE-C AND ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR ORDERS TO SET ASIDE THE ORDER DATED 09.02.2024, PASSED IN COM.EX.NO.267/2022, BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, AT DAVANAGERE, PASSED IN THE ORDER SHEET, TO ISSUE ARREST WARRANT AGAINST THE JDR NO.1 (PETITIONER) VIDE ANNEXURE-D, ETC.
THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
no amounts have been paid, the Executing Court has issued arrest warrant. I do not see any error in the impugned orders passed by the Executing Court.
dismissed.
Sd/JUDGE
hkh.
1 issue framed by the court
Whether the Executing Court erred in issuing arrest warrants against the judgment debtor for non-payment of an arbitral award.
1 provisions across 1 enactments
Manjunath H.
M/s. Shriram Transport Finance Co. Ltd.
K. Bharamappa
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
