ABDUL RASHEED Vs. UM PROJECTS LLP

JUDGEMENT

(1.) Heard learned senior counsel Sri.S.Sreevatsa on behalf of learned counsel Smt.Irfana Nazeer for the petitioner and learned counsel Sri. Y.Sankeerth Vittal along with the learned counsel Sri.Pradeep Nayak for the caveator/respondent.

(2.) This petition is filed by the petitioner, who is the shareholder and director of Godalphine India Private Limited. It is the case of the petitioner that the respondent/decree holder obtained an award against the company, namely Godalphine India Private Limited, and in pursuance of the same, the respondent/decree holder has initiated execution proceedings to realize the fruits of the award. Accordingly, a notice was taken out to the petitioner which was sent to his address in Gujarat, which was returned as refused. Accordingly, in view of the refusal of notice, a warrant was issued by the executing Court under Order 21 Rule 37(2) of CPC as against said refusal.

(3.) It is contended by the learned senior counsel Sri.S.Sreevatsa for the petitioner that the learned executing Court accepted the refusal of notice and in view of the fact that the assets of the company were not disclosed, got issued a warrant of arrest against the petitioner who was not a party in the award or in the execution petition. Therefore, it is the grievance of the petitioner that since he was not a party in the arbitral tribunal or the award or the execution petition, there could not have been an arrest warrant issued against him, under Order XXI Rule 37(2) of CPC. Therefore, he is before this Court being aggrieved by the issuance of the arrest warrant against him as he is neither a party nor was he notified prior to the arrest warrant being issued.