VIMALCHAND Vs. ARORA DISTILLERY PVT LTD

JUDGEMENT

(1.) THIS revision has been filed under Section 115 of the Code of Civil procedure against the order dated 12-3-2008 passed by X additional District judge, Indore in Execution Case No. 19/05.

(2.) BRIEF facts necessary for disposal of this revision lies in narrow compass, the non-applicant No. 1 on he basis of an Arbitration Award dated 1-8-1994 passed against the non-applicant No. 2 submitted an application MJC no. 21/99 under Section 17 of the Arbitration Act, 1940 (for short 'the Act of 1940') before the District Judge, Vidisha for making the award rule of Court. The said application was contested by the non-applicant No. 2. The District judge, Vidisha after recording the evidence led by the parties vide order dated 28-2-2003 passed a decree in favour of the non-applicant No. 1 and against non-applicant No. 2 for a sum of Rs. 14,14,275/- with interest at the rate of 6% per annum from 23-5-1994 till payment.

(3.) THE non-applicant No. 1 decree holder applied for execution of the said decree from the personal properties of the present applicant Managing director of non-applicant No. 2 Company instead of non-applicant No. 2 (judgment debtor) M/s. Friends Bottling Private Limited. In the circumstances, the applicant filed an application before the Executing Court invoking Section 47 of the Code of Civil Procedure inter alia on the ground that the decree has been passed against the non-applicant No. 2 a Private Limited Company and as such it can only be executed against the company and not against the personal properties of the applicant. After hearing the parties on the said application, the executing Court rejected the application of the applicant and ordered for issuance of recovery warrant against the personal properties of the applicant. Aggrieved by the said order dated 12-3-2008 the applicant has filed this revision.