AJAY GHOSH Vs. INDUSIND BANK LIMITED

JUDGEMENT

(1.) By invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India, the petitioner has challenged the order dtd. 3/1/2019 passed by the learned IVth Additional District Judge, Durg in Execution Case No. T.D. No. 49 of 2017 whereby the concerned Court has called a report from the District Jail, Durg with regard to expenses for one day civil-prison.

(2.) The facts of the present case are that the petitioner entered into a loan agreement with respondent No.1 on 7/6/2013 and due to a dispute with regard to the lapse of the petitioner in timely payment of installments, the matter was referred to arbitration by respondent No.1. Respondent No.1 unilaterally appointed an Advocate as the sole arbitrator and decided the seat of arbitration at Chennai without any information to the petitioner. The sole arbitrator passed the award on 18/11/2016 in favour of respondent No.1 upholding its claim of Rs.23,08,563.00 and other miscellaneous expenses of Rs.2,000.00.

(3.) Respondent No.1 through respondent No.2 moved an application for execution of the said arbitral award under Sec. 36 of the Arbitration and Conciliation Act, 1996 (for short 'the Act, 1996') against the petitioner and respondent No.3. There was a prayer to attach the movable and immovable properties of the judgmentdebtor and such application was moved on 16/3/2017. A notice was issued to the petitioner and thereafter, Execution Case No. TD 49 of 2017 was registered. On 11/9/2017, the petitioner appeared before the Executing Court and on 21/2/2018 attachment warrant was issued. The petitioner after 11/9/2017 did not appear before the Executing Court and he was proceeded ex parte. On 9/10/2018, a report was submitted to the effect that the petitioner was not having any movable property. On 3/11/2018, an application under Order 21 Rules 37 & 38 of CPC was moved to pass an order against the petitioner with regard to civil jail. On 3/1/2019, the learned Executing Court called a report from the concerned District Jail.