AHCOM SARL Vs. PENIEL CASHEW COMPANY

JUDGEMENT

(1.) THIS petition is filed by the petitioner in an O.P. filed before the District Court under Sec. 9 of the Arbitration and Conciliation Act, 1996. That petition was moved for attachment of certain properties. The respondent herein entered appearance in that petition and sought time for filing objection.

(2.) A petition was filed before this Court as O.P. ( C) No. 222/2013 and in that petition the respondent made an undertaking that they will not transfer or encumber the properties until the disposal of the petition pending in the Court below. That undertaking was accepted and recorded by this Court in O.P. ( C) 222/2013. While disposing of that O.P. this Court directed the parties to appear through their counsel before the Court below on 15 -2 -2013. On 14 -2 -2013, the respondent herein filed I.A. 155/2013 alleging that the authorised signatory of the petitioner is an imposter and that no such person is residing in the said address and he requested the court to issue a direction to the person who appeared for the petitioner as the authorised representative in Court. Ext. P4 is that order which reads: -

(3.) A contention was raised by the respondent that no such person is residing in the address shown in the petition. Ext.P2 is the petition filed by the respondent before the Court below seeking direction to the signatory - Mr.Anilkumar to be present before Court with identity proof for cross - -examination. A detailed counter affidavit was filed by the respondent before the court below. The fact that Mr. Anilkumar.S. had represented the petitioner herein, in other matters and that he was also representing other foreign companies as the authorised representative were stated in detailed in the counter affidavit filed by him.