BHUSHAN PETORFILS PRIVATE LIMITED Vs. SANJAY KAKADE

JUDGEMENT

(1.) THE ApplicantJudgment Debtor, based upon the final Arbitration Award dated 25 March 2011, passed in Mumbai, in terms of consent terms dated 24 March 2011, as signed at Mumbai, filed this Execution Application for its enforcement by invoking Order21 of the Civil Procedure Code (for short "CPC") in the Court of Ordinary Original Civil Jurisdiction at Bombay.

(2.) THE Applicant has assigned the debt under Deed of Assignment dated 25 August 2012. The Execution Application seeks to execute the award against Judgment Debtor No.1 and also movable and immovable properties and shares of a private company Respondent No.2/ Judgment Debtor No.2, who is a Director of the Company.

(3.) THE relevant Sections are 2(e) and 36 of the Arbitration Act, which reads as under: