KARTHIK EXPORTS Vs. KRISHNA KUMAR AGARWAL

JUDGEMENT

(1.) This Original Petition is filed impugning the order dtd. 18/10/2024, in E.P.No.52/2024 on the files of the Additional District and Sessions Court-IV, Pathanamthitta.

(2.) Petitioners are arrayed as the Judgment Debtors and respondent herein is the decree holder in Ext.P2, E.P. No.52/2024, filed before the Addl. District Court No. IV, Pathanamthitta. The Execution petition was filed by the respondent seeking enforcement of an Arbitral Award, Ext.P1, dtd. 23/6/2022, in the matter of D. Monalisa Impex vs. M/s. Karthik Exports & Another.

(3.) The 1st petitioner is a trader, importer, seller, having its registered office at Kerala, India. 'D. Monalisa Impex', the seller, is a partnership office engaged in export of perishable consumables across various parts of the world. The respondent, being a trade facilitator, acts as an intermediary between the buyer as well as the seller on commission basis. The sole arbitrator has held in favour of the respondent, and the 1st petitioner was liable to pay an amount of Rs.13,034,234.00 to D. Monalisa Impex, the petitioner therein, along with interest at the rate of 8% per annum and the petitioner was also directed to pay an amount of Rs.13,368,445.00 to the respondent herein. An appeal was preferred by the petitioners challenging Ext.P1 award before the Hon'ble High Court, Calcutta as AP/762/2022, which is pending consideration.