L &T FINANCE LIMITED Vs. SEVEN HILLS CONSTRUCTION

JUDGEMENT

(1.) THE applicant/original plaintiff/claimant in execution/award holder has taken out this application for various directions and orders under Order 21 of the CPC in execution of the award passed in the above arbitration. The applicant has accordingly applied for the fixation of the interim order passed in the arbitration petition No. 598 of 2011 to be continued in execution, for deposit of the decretal amount for disclosure of the assets, means and properties of the award debtors/defendants for detention in civil prison all the defendants upon noncompliance of such order, for injunction restraining for transfer and creation of third party rights of the properties of the award debtors, for issue of precept for attaching the properties disclosed by the award debtors, for attaching the properties and salaries of the award debtors, for arrest of the award debtors in execution and other incidental reliefs.

(2.) THE award was passed in Mumbai upon the arbitration being held in Mumbai. Hence this Court is the Court which passed the decree under Section 38 of the CPC. This Court would attach the properties of the award debtors upon the disclosure of the properties assets and means and pass orders incidental thereto.

(3.) THE defendants/award debtors rely upon Rules 803 J and K of the Rules of the Bombay High Court (O.S.) to contend that the execution application should have been filed in Nagpur where the defendants reside and have properties.