Rajasthan High Court - Jodhpur
Maximus International General ... vs R.K. Industries on 18 August, 2023
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Arbitration Application No. 26/2017
Maximus International General Trading LLC, Having Its Office At
602, 603, Tower A, Centurion Star, Port Saeed Deira, Dubai Uae
Through Its Authorised Representation Mr. Shailesh Taparia,
Commercial Manager Of Maximus International General Trading
LLC.
----Petitioner
Versus
R. K. Industries, G-184, Mandore Industrial Area Nagour Road,
Jodhpur 342001
----Respondent
For Petitioner(s) : Mr. Manoj Bhandari Sr. Advocate
assisted by Mr. Rajvendra Sarswat
For Respondent(s) : Mr. Ashish Kumar Singh on VC
Mr. Rohin Bhansali
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
18/08/2023
1. Heard learned counsel for the parties as well as perused
the record of the case.
2. This Hon'ble Court had passed the following orders on
08.11.2019, 03.02.2021, 16.03.2022 & 29.03.2022:
08.11.2019:
"An application has been filed by the petitioner seeking
a direction for attachment of the movable properties and
that the properties, which are already attached by this
Court, be auctioned/freeze the account for realization of
amount of decree.
By order dated 06.09.2019, the properties indicated
in para-12 of the additional affidavit dated 19.07.2019
('the list of properties') other than those indicated at Sr.
No.2, 8 and 11, were attached and the respondent was
restrained from dealing with the said properties in any
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manner.
Further to the said direction, the Bank Account of the
respondent with IDBI Bank Ltd. indicated as Account
No.058102000016357 at Jodhpur Branch, is also ordered
to be attached. The respondent shall not be permitted to
withdraw any amount henceforth.
Copy of this order be served by petitioner on the
IDBI Bank Ltd., who is directed to comply with the said
directions.
For the realization of the amount of decree, to start
with the property under attachment, indicated at Sr. No.3
in the list of properties i.e. Land at 'Ashapurna Valley
No.713, Khasra No.30, Jhalamand, Jodhpur', which is
comprised in the sale deed dated 30.05.2012, is ordered
to be auctioned.
The petitioner would initially deposit a sum of
Rs.50,000/- with the Registry of this Court for publication
of advertisement etc. and produce the terms of auction by
the next date.
List the application on 22.11.2019."
03.02.2021:
"Pursuant to the order dated 08.11.2019, the petitioner
has deposited a sum of Rs.50,000/- with the Registry for
publication of advertisement etc. and has produced the
terms of auction by incorporating them in the
proclamation of sale under Order XXI, Rule 66 CPC.
In view thereof, the Deputy Registrar (Judl.) is
directed to take steps for proceedings with the sale of
attached property as indicated in Schedule to the
proclamation of sale under Order XXI, Rule 66 CPC."
16.03.2022:
"By order dated 08.11.2019 this Court, inter alia,
directed that for realization of the amount of decree, the
property under attachment indicated at Serial No.3 in the
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List of Properties i.e. 'land at Ashapurna Valley No.713,
Khasra No.30, Jhalamand, Jodhpur', which is comprised in
the sale deed dated 30.05.2012, be auctioned.
An application has been filed by the respondent-
judgment-debtor, seeking modification of the order dated
08.11.2019, inter alia, indicating that the property
ordered to be auctioned is already mortgaged with certain
Banks/financial institutions and therefore, the order dated
08.11.2019 be modified to the extent that the property
mentioned at Serial No.3 be not put to auction, as the
same is mortgaged with Bank.
Copy of the application has been served on counsel
for the decree-holder, who submits that indeed the
property ordered to be put to auction is mortgaged with
the Bank.
In the circumstances of the case, wherein the
property ordered to be auctioned is already mortgaged
with the Bank, the application is allowed, the order dated
08.11.2019 is modified to the extent that the aforesaid
property, indicated at Serial No.3 in the List of Properties
under Sale Deed dated 30.05.2012, shall not be put to
auction in execution of the decree.
List the petition before appropriate Bench in the
next week."
29.03.2022:
"Learned counsel for the petitioner submits that in pursuance of
the directions issued by this Court on 08.11.2019, an amount of Rs.
50,000/- has already been deposited with the Registrar (Judicial) of
this Court for undertaking the sale proceedings of the properties in
question. Learned counsel for the petitioner submits that as per the
list of properties given by the respondent and their valuation given
therein, the amount which is required to be realized is less than the
amount awarded. Thus, he prays that the income tax returns of the
proprietor of the respondent-firm may kindly be directed to be
produced before this Court.
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Since, this Court has already given directions to the Registrar
(Judicial) of this Court to undertake the execution proceedings for
realization of the amount due to the petitioner in pursuance of the
arbitration award dated 03.07.2017, the Registrar (Judicial) of this
Court is directed to undertake the sale proceedings of the properties
enlisted in the affidavit filed by the respondent except the properties
which are mortgaged with the bank.
In the considered view of this Court, since the amount of
properties reflected in the affidavit filed by the respondent is less than
the amount awarded vide order dated 03.07.2017, therefore, learned
counsel for the respondent is directed to place on record the income
tax returns of the proprietor of the proprietorship firm within a period
of four weeks.
List the matter after four weeks."
3. In light of the afore-quoted orders, the Registrar (Judicial)
of this Hon'ble Court is directed to take all the necessary steps
for ensuring due compliance of the aforementioned orders
passed by this Hon'ble Court, and thus, it is made clear that the
Registrar (Judicial) of this Hon'ble Court shall exercise all powers
of the Court passing the decree and thus enable execution.
(DR. PUSHPENDRA SINGH BHATI), J.
SKant/-
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