SRS ENTERTAINMENT LIMITED Vs. HOME STORES INDIA LTD

JUDGEMENT

(1.) EXECUTION was sought of an arbitral award dated 27th October, 2005 stated to be having force of a decree, under the Arbitration Act, 1996. Notice of the execution petition was issued to the judgment debtor. On 21 April, 2009 it was reported that upon the notice being tendered to the person available at the address of the judgment debtor, the said person after talking to the Managing Director of the judgment debtor on telephone, refused to accept the notice for the reason of the same bearing a different address of the judgment debtor. This court finding the judgment debtor to have avoided service, issued warrants of attachment of the monies lying in the bank account of the judgment debtor to the extent of Rs 6,10,000/-claimed in the execution petition. The said attachment was effected and a cheque for Rs 6,10,000/- received in this court. However, the judgment debtor thereafter preferred OMP under Section 34 of the Arbitration Act 1996 with respect to the arbitral award under execution.

(2.) THE OMP was instituted in this court first on 10th August, 2009. The institution thereof, calculated from the date of the award i. e. , 3rd July, 2008 was barred by time. However, it is the plea of the judgment debtor in the said omp that signed copy of the arbitral award was never delivered to it and it learnt of the award only on inspection of a copy thereof filed in the execution petition.

(3.) THE judgment debtor having denied service of the arbitral award, this court on 12th August, 2009 when the OMP came up first before the court called for the arbitral record. The arbitral record has been received.