AO/459/2022
2022 Latest Caselaw 4097 UK

       IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

           THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                  AND
            THE HON'BLE SRI JUSTICE RAMESH CHANDRA KHULBE


                APPEAL FROM ORDER NO. 459 OF 2022

                            20th DECEMBER, 2022

Between:

M/s Saintlife Pharmaceuticals Ltd.                   ......       Appellant

and

M/s Verma Industry                                   ......      Respondent



Counsel for the appellant        :   Mr. Siddhartha Sah, learned counsel

Counsel for the respondent       :   --



The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)



             The present appeal is directed against the order

dated 10.05.2022, as well as 26.11.2022, passed by the

Additional District Judge (Commercial), Dehradun, in Execution

Case No. 157 of 2019.



2)           The said Execution Case has been preferred by the

respondent M/s Verma Industry to execute the Arbitration

award in its favour. The Commercial Court proceeded to direct

attachment of the appellant's bank account to recover the

decretal    amount      by    the    first   order   dated   10.05.2022.

Subsequently, on 26.11.2022, the appellant / Judgment Debtor
                                 2


did not put in appearance.          The Commercial Court then

proceeded to issue process to the concerned bank for

attachment of bank account of the Judgment Debtor to the

extent of the decretal amount.      The further proceedings are

fixed on 07.01.2023.


3)        The appellant does not dispute that the appellant

suffered the Arbitral award, which is executable as a decree.

The grievance of the appellant is that his entire account has

been attached. We do not find any merit in this submission,

since the attachment ordered on 26.11.2022, is to the extent

of the decretal amount.


4)        We are not inclined to interfere with the impugned

orders. The Appeal is, accordingly, dismissed.


5)        It is open to the appellant to tender the decretal

amount before the Executing Court, and request the Executing

Court to lift the attachment.


6)        Since, we do not find any merit in the present case,

we are not going into the aspect of delay.



                                             _________________
                                             VIPIN SANGHI, C.J.


                                                 ___________
                                                 R.C. KHULBE, J.

Dt: 20th DECEMBER, 2022 Negi