TRIMURTI EXPORTS Vs. MODELAMA EXPORTS LTD

JUDGEMENT

(1.) Introduction:

(2.) Then begins the excruciating execution. A few rounds of interlocutory orders and their ritualistic challenge before this Court take place. Once, one such order has, travelled up to the Supreme Court. All with predictable failures. Meanwhile, the award amount swells with interest, but that interest imposition is a flea bite for a businessman. So in the end, the choice is between paying a few crore rupees immediately and closing the litigation or spending a few lakhs and dragging it. The choice is obvious. Order 21 CPC is a procedural paradise even for a hopeless pessimist. Horses may fly.

(3.) The first petitioner is a partnership firm. The second and the third petitioners, besides the second respondent, are the partners. Initially, they had a contract with the first respondent company. That contract gave rise to certain disputes, and they were arbitrated. Eventually, on 19.5.2012, the first respondent company secured an award for Rs.9.11 crore.