Madras High Court
Cma Cgm Logistics Park Dadri Pvt. Ltd vs Eta General Pvt. Ltd on 19 September, 2025
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
A.No.2617 of 2025
IN
E.P.DR.No.174177 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.09.2025
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH
A.No.2617 of 2025
IN
E.P.DR.No.174177 of 2024
CMA CGM Logistics Park Dadri Pvt. Ltd.
Rep. by its Director/CEO
Tilpata Road, ICD Dadri
Greater Noida, U.P. 20311 .. Applicant
Vs.
ETA General Pvt. Ltd.
Rep. by its Director/Authorised Signatory
ETA Star House, Old No.63, New No.71
Sterling Road, Nungambakkam
Chennai 34 .. Respondent
Application filed under Order XIV Rule 8 of the Original Side Rules read
with Order XXI Rule 41(2) of the Code of Civil Procedure, 1908, to direct the
respondent/judgment debtor to file an affidavit stating the particulars of the assets
and other means for satisfying the Arbitral Award dated 20.03.2024.
For applicant : Mr.Adarsh Ramanujan
For respondent : No appearance
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A.No.2617 of 2025
IN
E.P.DR.No.174177 of 2024
ORDER
This application has been filed under Order XXI Rule 41(2) of the Code of
Civil Procedure, 1908, read with the Original Side Rules for a direction to the
respondent/judgment debtor to file an affidavit giving the particulars of the assets
and other means for satisfying the arbitral award dated 20.03.2024.
2. The respondent has been served with notice and the name of the
respondent has also been printed in the cause list and there is no appearance either
in person or through counsel.
3. Heard the learned counsel for the applicant and perused the materials
available on record.
4. It is seen from the records that the applicant filed a claim petition against
the respondent and the learned sole Arbitrator, by an award dated 20.03.2024,
awarded a total sum of Rs.65,92,982/-. The applicant was able to recover only a
sum of Rs.43,23,636/-, by virtue of the sale of the air conditioners through
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IN
auction. The balance sum of Rs.22,70,346/- has not been paid with interest. The
respondent has also not challenged the award passed and thus, the award has
become final. Under such circumstances, in the course of recovering the balance
amount of Rs.22,70,346/-, the applicant wanted the respondent to give the
particulars of the assets and other means to enable the applicant to proceed further.
Accordingly, the present application has been filed before this Court.
5. The fact remains that the award has become final and a portion of the
amount awarded has been recovered and there is balance of Rs.22,70,436/-, which
has to be paid by the respondent along with interest. To recover this amount, the
applicant requires the particulars of the assets. Since the respondent is not cared
to appear before this court, there shall be a direction to the respondent to file an
affidavit stating the particulars of the assets and other means on or before
17.10.2025.
6. This application is disposed of with the above direction.
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IN
7. Post this application under the caption “for reporting compliance” on
17.10.2025.
19.09.2025
gya
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IN
N. ANAND VENKATESH, J.
gya
IN
19.09.2025
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