MEDICO ABROAD Vs. ISM FOCAL POINT

JUDGEMENT

(1.) The decree holder filed the Execution Petition 440/2014 against the judgment debtor to seek execution of the arbitration award dated 18th December, 2010 in which the learned Arbitrator awarded a sum of Rs. 69,57,720/- along with interest at the rate of 18% per annum to the decree holder.

(2.) The decree holder stated in the execution petition that the judgment debtor has an office at C-93, Anand Niketan, Dolapur, New Delhi and the decree be executed by attachment/sale of the movable properties of the judgment debtor mentioned in Annexure - A2, namely computers, air conditioners, steel almirahs, tables, chairs, coolers or any other articles lying at the residence of the judgment debtor at C-93, Anand Niketan, Dolapur, New Delhi and J-116, Rajaji Gardens, New Delhi-110027. Along with the petition, the decree holder filed an affidavit of V. Narahari (Annexure-A3), in which it was stated that the judgment debtor has offices at C-93, Anand Niketan, Dolapur New Delhi and J-116, Rajaji Gardens, New Delhi-110027.

(3.) On 14th January, 2015, the notice was issued to the judgment debtor who filed an affidavit dated 14th September, 2015 stating that the judgment debtor is a permanent resident of Kyrgyzstan and has no immovable or movable properties or bank account in India. The judgment debtor further stated that the address given in the execution petition is the old address of Kyrgyzstan Embassy. The judgment debtor further stated that the judgment debtor has filed objections under Section 34 of the Arbitration Act against the ex parte award before the City Civil Court, Hyderabad. Relevant portion of the affidavit of the judgment debtor is reproduced hereunder:-