ASHISH K.PHILIP Vs. CALEDON TECHNOLOGIES

JUDGEMENT

(1.) This writ petition is filed by the judgment debtor under Article 227 of the Constitution of India, challenging the order, dtd. 9/1/2025, passed by the X Additional District and Sessions Judge, Commercial Court, Bengaluru Rural District, Bengaluru in Com.Ex.No.198/2024, whereby, IA No.1 filed by the decree-holder under Order 21 Rules 54 and 64 of CPC was allowed and IA Nos. 2 and 3 filed by the judgment debtor under Sec. 151 of CPC r/w. Sec. 29-A(1) and 29-A(4) of the Arbitration and Conciliation Act, 1996 (for short, '1996 Act') and Order 21 Rule 26 of CPC were dismissed.

(2.) The decree-holder obtained an arbitral award in Claim Petition No.1/2021, pronounced on 9/9/2023 and released on 11/9/2023. The award was for injunction as well as for recovery of Rs.2,80,00,000.00 (rupees two crores eighty lakhs only) with costs and 7% interest.

(3.) The decree-holder filed Ex.No.198/2024 before the X Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru. In the said execution petition, decreeholder filed IA No.1 under Order 21 Rules 54 and 64 r/w. Sec. 151 of CPC for attachment and sale of the immovable properties of the judgment debtor. IA No.2 is filed by the judgment debtor under Sec. 151 of CPC r/w. Sec. 29-A(1) and 29-A(4) of the 1996 Act for dismissing the execution petition. The application filed by the decree-holder was allowed and the applications filed by the judgment debtor were dismissed. Being aggrieved by the same, the judgment debtor is before this Court.