Full Text
EX.P. 217/2013
MORGAN VENTURES LTD Decree Holder
Through: Mr Simran Mehta, Adv.
Through ANI)
• MORGAN VENTURES LIMITED T)ecree Holder
Through AND
GOYAL MG GASES PVT LTI) .....J)ccree Holder
Through AND
GOYAI. MG GASES PVT LTD .....Decree Holder
2013:DHC:6669 NEPC INDIA LTD Judgernent Debtor
Through
GOYAL MG GASES PVT LTD 1)ecree Holder
22.10.2013
ORDER
1. The learned counsel for the decree holder seeks a transfer of the arbitration award/ decree dated 03.01.2012 to four (4) J)istrict Courts located at Tirunelveli; Coimbatore; Pondicherry and Chennai for the purposes of execution. Notice in these petitions were issued on 23.09.2013. I carned counsel tbr the decree holder has filed affidavits of service of one Mr Kailash Chandra Joshi. In the affidavit, it is averred that the notices were sent to the judgment debtor through courier. The consignment note along with tracking report has been appended. The tracking report appears to indicate that the judgment debtor was served Ofl 08.10.20 13.
2. In view of the above, the prayer made in the petitions are allowed. The following decrees are transferred for execution as prayed:
(i) The award/ decree dated 03.01.2012 passed in case no. 4/12 titled
Morgan Ventures Ltd. vs NEPC India ltd.; EXI' 2I7/2l32l/2OI[3].29/2OI322O/2OI3&221/2O13 Pap.e 2 ol 3
(ii) The award/ decree dated 03.01.2012 passed in case no. 5/19 titled
Morgan Ventures Ltd. vs NEPC India Ltd., 1/32 titled Goyal MG Gases Pvt. Ltd. vs NEPC India Ltd.;
(iii) The award! decree dated 03.01.2012 passed in case no. 2/8 titled
Goyal MG Gases Pvt. Ltd. vs NEPC India Ltd.; and
(iv) The award! decree dated 03.01.2012 passed in case no. 3/29 titled
Goyal MG Gases Pvt. Ltd. vs NEPC India Ltd.
3. The registry will take necessary steps to transfer the award! decree referred to above, along with certificate of non-satisfaction of the decretal. debt.
4. The petitions are, accordingly, disposed of. RA VSHAKI)HER,J OCTOBER 22, 2013 kk