Georg Fischer Piping Systems Private ... vs Seya Industries Limited
2024 Latest Caselaw 5381 Bom

Bombay High Court

Georg Fischer Piping Systems Private ... vs Seya Industries Limited on 21 February, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                           1         940 ial 15856-23 in exa 14-23-os.doc


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           ORDINARY ORIGINAL CIVIL JURISDICTION

                        INTERIM APPLICATION (L) NO.15856 OF 2023
                                          IN
                          EXECUTION APPLICATION NO.14 OF 2023


 Georg Fischer Piping Systems
 Private Limited                               ... Applicant
       Vs.
 Seya Industries Limited                       ... Respondent/Judgment Debtor

                                -------
 Ms. Srushti Mandade i/by M/s SSB Legal and Advisory, Advocate for the
 Applicant.
 None for the Respondent/Judgment Debtor.
                               -------

                             CORAM :     ABHAY AHUJA, J.

                             DATE :      21 FEBRUARY, 2024.


 P.C. :

1. This Interim Application is filed for execution of award dated 28 th

March, 2018 for an amount of Rs.96,78,869/- which includes

Rs.55,43,774/- as principal amount alongwith Rs. 21,92,601/- as interest

at the rate of 12% from 11th December, 2014 till the date of the award

viz. 28th March, 2018 with further interest at the rate of 15% p.a. from

the date of the award till filing of the execution application and

Rs.7,72,500/- towards cost awarded by the Arbitrator with further interest

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2 940 ial 15856-23 in exa 14-23-os.doc

at the rate of 15% p.a. from the date of filing of the execution application

till payment and/or realization.

2. Ms. Srushti Mandade, learned counsel appears for the Applicant and

submits that no payment has been made under the said award till date.

That although this application was attempted to be served upon the

Judgment Debtor, the packet has been returned with the remark "refused".

Learned counsel seeks to file an affidavit of service in this regard. Registry

to accept the affidavit of service. Learned counsel therefore, submits that

this Court direct the Judgment Debtor to disclose the assets including

bank accounts and also restrain the Judgment Debtor from alienating its

assets.

3. Having heard the learned counsel and having perused the

application, the following order is passed :

(i) Let the Respondent/Judgment Debtor disclose on oath within a

period of four weeks and with complete details all (movable and

immovable) assets including bank accounts belonging to the Judgment

Debtor by way of an affidavit under Order XXI Rule 41 of the Code of

Civil Procedure, 1908.

   Priya R. Soparkar                                                                2 of 3



                                         3     940 ial 15856-23 in exa 14-23-os.doc




 (ii)       List on 20th March, 2024.



 (iii)        In the meanwhile, till the next date, the Judgment Debtor, its

Directors, Officers, Agents are restrained from creating any third party

interest and/or alienating, encumbering, disposing of or creating any

third party rights, interest in the assets (movable and immovable) owned

or possessed by the Judgment Debtor.

(iv) Let the Advocate for the Applicant intimate the Judgment Debtor

of this order.

(ABHAY AHUJA, J.)

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