Delhi High Court - Orders
Continental Engineering Corporation vs Sugesan Transport Pvt. Ltd on 22 February, 2021
Author: J.R. Midha
Bench: J.R. Midha
$~O-55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP (ENF.) (COMM.) 38/2021
CONTINENTAL
ENGINEERING CORPORATION ..... Petitioner
Through: Mr.Anil Kher, Sr.Advocate with Mr.Kunal
Kher, Advocate
versus
SUGESAN TRANSPORT PVT. LTD ..... Respondent
Through: None
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
ORDER
% 22.02.2021 E.A.No.214/2021 Allowed subject to just exceptions.
OMP (ENF.) (COMM.) 38/2021
1. The petitioner is seeking enforcement of the award dated 22 nd October, 2020. It is submitted that the period of limitation for filing of the objections has already expired and the petitioner has not received any notice of the objections by the respondent.
2. Issue notice to the respondent by all modes including e-mail.
3. The respondent is directed to file the affidavit of assets on the date of cause of action, date of award as well as today in Form 16A Appendix E under Order XXI Rule 41(2) of Code of Civil Procedure within 30 days of Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:23.02.2021 19:02:51 the receipt of the notice.
4. The judgment debtor is further directed to file additional affidavit of assets in the format of Annexure B1 to the judgment dated 05th August, 2020 in M/s Bhandari Engineers & Builders Pvt. Ltd. v. M/s Maharia Raj Joint Venture in Ex.P.275/2012 (MANU/DE/1497/2020) along with the documents mentioned therein within 30 days of the receipt of the notice. Both these affidavits shall be signed by all the Directors of the judgment debtor.
5. The judgment debtor is restrained from transferring, alienating or disposing of any of their assets to the tune of award amount except in the ordinary course of business such as payment of salary and statutory dues. The judgment debtors shall not discharge any liability without the permission of this Court except the liability in respect of bank/financial institutions.
6. Learned Senior Counsel for the decree holder submits that the decree holder has filed OMP (I) (Comm) No.395/2020 under Section 9 of the Arbitration and Conciliation Act which is listed before Talwant Singh, J. on 25th February, 2021.
7. List this matter before Talwant Singh, J. on 25th February, 2021.
J.R. MIDHA, J.
FEBRUARY 22, 2021 mamta Signature Not Verified Digitally Signed By:RAJENDER SINGH KARKI Signing Date:23.02.2021 19:02:51