Karnataka High Court
Karnataka State Medical vs Plasti Surge Industires Pvt Ltd on 26 February, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:7924
WP No. 5362 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 5362 OF 2024 (GM-CPC)
BETWEEN:
KARNATAKA STATE MEDICAL
SUPPLIES CORPORATION LTD.,
REPRESENTED BY ITS AUTHORISED SIGNATORY,
MR. KOTRESH H,
A COMPANY REGISTERED UNDER
THE COMPANIES ACT, 1956,
HAVING ITS REGISTERED PURANIK,
KHB COLONY, MAGADI ROAD,
BENGALURU - 560 079.
...PETITIONER
(BY SRI. UDAYA HOLLA, SENIOR ADVOCATE FOR
SRI. PRASHANTH H.S, ADVOCATE)
AND:
PLASTI SURGE INDUSTIRES PVT. LTD.,
REGISTERED UNDER COMPANIES ACT, 1956,
Digitally signed by
A-70, MIDC INDUSTRIAL AREA,
VANDANA S PB NO. 95, AMRAVATI,
Location: High
Court of Karnataka MAHARASTRA - 444 607,
REPRESENTED BY ITS AUTHORIZED SIGNATORY,
MR. DHRUV DAGA
...RESPONDENT
(BY SRI. CHRISTOPHER EDWIN, ADVOCATE
M/S. KOCHHAR AND CO.)
THIS WRIT PETITION IS FILED UNDER ORDER XIII RULE 1 READ
WITH SECTION 151 OF CPC, 1908 R/W ARTICLE 226 OF THE
CONSTITUTION OF INDIA, 1950 PRAYING TO CALL FOR RECORDS IN
COMM EXECUTION PETITION BEARING 517/2023 PENDING ON THE FILE
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NC: 2024:KHC:7924
WP No. 5362 of 2024
OF LXXXVII THE ADDITIONAL CITY CIVIL COURT, COMMERCIAL COURT
COMPLEX, (CCH-88) BANGALORE AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition by the judgment debtor in Com.Ex.No.517/2023
is directed against the impugned order dated 06.02.2024 passed
by the Commercial Court, which directed issuance of attachment
warrant against the petitioner - judgment debtor in the said
Execution proceedings.
2. Heard learned Senior counsel for the petitioner and
learned counsel for the respondent and perused the material on
record.
3. The material on record discloses that the respondent-
Decree holder instituted the aforesaid execution proceedings
against the petitioner-Judgment Debtor to enforce the arbitral
award dated 05.12.2022 passed by the Arbitral Tribunal. During the
pendency of the said execution proceedings, the judgment debtor
deposited a sum of Rs.65,00,000/- (Rupees Sixty Five Lakhs only)
before the Executing court. Thereafter, on 06.02.2024, the
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petitioner-Judgment Debtor filed the statement of objections to the
main execution petition putting forth various contentions and
sought for dismissal of the petition. It is the grievance of the
petitioner that despite filing the statement of objections on
06.02.2024 itself, the Executing court has not considered the same
and proceeded to pass the impugned order attaching the movables
of the petitioner-Judgment Debtor, who is before this Court by way
of present petition.
4. Per contra, learned counsel for the respondent submits
that in the light of the undisputed fact that arbitral award has not
been challenged by the petitioner so far, the question of
entertaining any objection of the petitioner-judgment debtor would
not arise and as such, the petition is not maintainable and the
same is liable to be dismissed.
5. I have given my anxious consideration to the rival
submissions and perused the material on record.
6. Though several contentions have been urged by both
sides, having regard to the undisputed fact that the petitioner had
filed statement of objections to the main execution petition on
06.02.2024, which has not been considered by the Executing court
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before passing the impugned order of attachment, without
expressing any opinion on the merits/demerits of the rival
contentions and to provide sufficient and reasonable opportunity to
both parties, I deem it appropriate to set aside the impugned order
dated 06.02.2024 and direct the Executing court to consider and
pass appropriate order on or before 26.04.2024 by taking into
account / consideration the statement of objections filed by the
petitioner and after hearing both sides in accordance with law.
7. In the result, I pass the following:-
ORDER
(i) Petition is hereby allowed.
(ii) The impugned order dated 06.02.2024 passed by the
Executing court in Com.Ex.No.517/2023 directing attachment of
movables of the petitioner is hereby set aside.
(iii) The matter is remitted back to the Executing court for
reconsideration afresh by taking into account / consideration the
statement of objections filed by the petitioner and hear both sides
and pass appropriate orders in accordance with law on or before
26.04.2024.
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(iv) All rival contentions on all aspects of the matter are kept
open and no opinion is expressed on the same.
(v) At the instance/request of the learned counsel for the
respondent-Decree holder, the amount of Rs.65 Lakhs already
deposited by the petitioner-Judgment Debtor before the Executing
court is directed to be released/disbursed in favour of respondent-
Decree holder without prejudice to the rights and contentions of the
parties and making it subject to the final outcome of the Execution
proceedings.
SD/-
JUDGE
SNC/SRL
