FIRST LEASING COMPANY OF INDIA LTD v. BRUSHMAN INDIA LTD & ANR

Delhi High Court · 05 Feb 2013 · 2013:DHC:6671
Manmohan Singh
EX.P. 110/2012
2013:DHC:6671
civil other

AI Summary

The court held that execution petitions are deferred pending disposal of Section 34 objections under the Arbitration Act, allowing the decree-holder to seek interim relief under Section 9 and liberty to refile execution if objections fail.

Full Text
Translation output
V..' HIGH COURT OF DELHI
EX.P. 110/2012
FIRST LEASING COMPANY OF INDIA LTD Decree Holder
Through Mr.Ashish Dholakia, Adv. with Mr.U.A.Rana & Mr.Ritesh Kumar
Chowdhary, Advs.
VERSUS
BRUSHMAN INDIA LTD & ANR
JUDGMENT
Debtors
Through Mr.Sujeet K.Mishra, Adv. forIDs. y Mr.Abhishek Anand, Adv. for SBI
(Intervenor).
EX.P. 111/2012
FIRSTLEASINGCOMPANY OF INDIALTD Decree Holder
Through Mr.Ashish Dholakia, Adv. with Mr.U.A.Rana & Mr.Ritesh Kumar
Chowdhary, Advs.
versus
BRUSHMAN E^DIA LTD & ANR Judgment Debtors
Through Mr.Sujeet K.Mishra, Adv. forJDs.
Mr.Abhishek Anand, Adv. for SBI (Intervenor).
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
ORDER
05.02.2013 Learned counsel for the decree-holder states that in view of the objections having been filed by the judgment-debtors under Section 34 of
2013:DHC:6671 f .r the Aibitration and Conciliation Act, 1996 in the Chennai High Court where notice has been issued by the Court on the objections, he is not pressing the execution petitions at this stage. If necessary, his client would file an application under Section 9 of the Act to secure the decreetal amount. He also seeks liberty to file fresh execution petition in case of dismissal of objections filed by the judgment-debtors. It is needlessto mentionhere that the decree-holder is entitled to file execution petition as soon as the objections are decided in its favour. As regai'ds the application for inteiim protection, such application under Section 9 of the Act can be filed by any party in accordance with law.
FEBRUARY 05,2013/ka 2013:DHC:6671