BHAWANI PICTURES Vs. NAVRANG FILMS & ORS.

JUDGEMENT

(1.) The present Execution Petition No. 138 of 2006 has been filed by a proprietary concern, M/s. Bhawani Pictures, for enforcement of an Award dated 27th February, 1995, which was made Rule of Court on 12th November, 1997. EA No. 327 of 2006 was filed along with Ex, P. No. 138 of 2006 seeking attachment of the movable properties of the Judgment Debtors (JDs) as listed in Annexure 'A' to the Execution Petition.

(2.) The Award was passed against the JD No. 1, M/s. Navrang Films, a proprietary concern, of which JD No. 2, Mr. Trilochan Singh was the sole proprietor. In the present Execution Petition, pursuant to an order dated 17th September, 2010, Mr. Devinder Singh, brother of Mr. Trilochan Singh (JD No. 2) has been arrayed as JD No. 3. However, JD No. 3 was not a party in the arbitral proceedings.

(3.) Although, the notice was issued on 3rd July, 2006, in both Ex. P. 138 of 2006 and E. A. No. 327 of 2006, appearance was entered on behalf of JD No. 2 only on 6th January, 2009. No objections were filed till 28th May, 2009. Also the appearance on behalf of JD No. 2 was infrequent. Accordingly, on 28th May, 2009 costs of Rs. 3000/-were imposed on JD No. 2. Thereafter, a statement was made before the Joint Registrar on 27th October, 2009 by the Counsel appearing for JD No. 2 that he was appearing only for JD No. 2 and not on behalf of JD No. 1. The case was, thereafter, placed before the Court. Warrants of attachment of the properties described in Annexure 'A' to the Execution Petition were directed to be issued on 15th February, 2010. However, these were received back unexecuted with the remarks 'office locked since last two years'.