Dismissed

M/s.Samunnati Financial Intermediation and Services Pvt. Ltd. v. M/s.Kandhian Feeds and 3 others

Madras HC5 Mar 2021A/903/2021

Case brief

AI extract

What is this about?

The Division Bench dismissed the application for summoning under Section 9 of the Arbitration and Conciliation Act, 1996. The court held that Section 9 does not empower the court to order the disclosure of an award debtor's assets, noting that execution procedures exist under Order XXI of the Code of Civil Procedure.

What did the court decide?

The application for directives to disclose assets is dismissed.

M/s.Samunnati Financial Intermediation and Services Pvt. Ltd. Vs M/s.Kandhian Feeds and 3 others — Madras HC (2021) — LawSathi Research

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A.No.903 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 05.03.2021

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CORAM

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THE HONOURABLE Ms. JUSTICE P.T. ASHA

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A.No.903 of 2021
M/s.Samunnati Financial Intermediation & Services Pvt. Ltd,
Rep. by its Head of Stressed Accounts Mr.Sankaranarayana Sarma,
Having office at,
Baid Hi-Tech Park, 8 th floor,
129-B, ECR, Thiruvanmiyur,
Chennai – 600 041. ... Applicant
Vs.
1.M/s. Kandhian Feeds,
No.142, Salem,
Namakkal – 637 001.
2.Mr.Jagannathan
3.Mrs.Vijaya
4.Kandian Integra Pvt Ltd
No.756/142A, Salem Main Road,
Namakkal – 637001 ... Respondent
Prayer : Judges summon under Order XIV Rule 8 of OS Rules R/w
Section 9 of the Arbitration and Conciliation Act, 1996, to grant an
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https://www.mhc.tn.gov.in/judis/

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A.No.903 of 2021

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order of Interim Direction to the respondents to disclose on oath all their movable and immovable assets before this Court.

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: For Applicant M/s.Nithyaesh and Vaibhav

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ORDER

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The Hon'ble I Bench of this Court by its order dated 15.02.2021 in O.S.A.No.53 of 2021 was called upon to consider the order passed by the learned Single Judge directing the appellant to give details of his assets. The Division bench has observed as follows:

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“However wide the powers conferred on a Court under Section 9 of the Act may be seen to be, such powers may not extend to issuing orders for discovering the assets of an award debtor. Order XXI of the Code, that provides for execution, carries the necessary provisions for such purpose and Section 9 of the Act cannot be enlarged to incorporate the wide authority that an executing Court has to aid the award-holder, who metamorphoses as a decree-holder by the legal fiction contained in Section 36 (1) of the Act, to seek or obtain orders of such nature or of arrest or detention of the awarddebtor or the sequestration of its assets and properties.”

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https://www.mhc.tn.gov.in/judis/

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A.No.903 of 2021

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In the light of the above Judgement, this application is

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dismissed.

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05.03.2021

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Internet : Yes/No Index :Yes/No Speaking / Non-Speaking kan

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P.T. ASHA. J,

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https://www.mhc.tn.gov.in/judis/

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A.No.903 of 2021

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kan

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A.No.903 of 2021
05.03.2021

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https://www.mhc.tn.gov.in/judis/

M/s.Samunnati Financial Intermediation and Services Pvt. Ltd. v. M/s.Kandhian Feeds and 3 others

Case brief

What is this about?

What did the court decide?

M/s.Samunnati Financial Intermediation and Services Pvt. Ltd. v. M/s.Kandhian Feeds and 3 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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