ATLANTA LTD. Vs. GOVT. OF RAJASTHAN

JUDGEMENT

(1.) This is a petition under Section 36 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'), seeking enforcement of the Arbitral Award dated 07.09.2014. Under the said Award, both the respondents, i.e., the State of Rajasthan and the Union of India through the Ministry of Shipping, Road Transport and Highways have been held liable to pay to the decree holder, a sum of Rs. 14,71,20,542/- along with post-award interest @18% p.a., which amount, as on 07.10.2020, is Rs. 30,83,32,410/-.

(2.) Learned counsel for the Decree Holder (DH) submits that even though the DH has preferred an execution petition against both the Judgment Debtors (JDs) before the Court of the Learned Additional District and Sessions Judge, Jaipur, Rajasthan and vide an order dated 18.09.2019 passed by the said Court, the bank account of JD No. 1, i.e., the State of Rajasthan was directed to be attached, but, till date, the said bank account has not been attached and, therefore, the DH has not been able to recover any amount.

(3.) He further submits that keeping in view the fact that the JD No. 2, i.e., the Ministry of Shipping, Road Transport and Highways, which is also liable to pay the awarded amount, is maintaining its bank account i.e., Bank Account No. 90621150000040, IFSC Code - SYNB0009062 Syndicate Bank, Transport Bhawan, No.1 Parliament Street, New Delhi 110001, within the territorial jurisdiction of this Court; the present petition has been filed before this Court as the DH is yet to receive the amount for work done by it many years ago.