BABLU GHOSH Vs. AMRIT FRESH PRIVATE LTD.

JUDGEMENT

(1.) This application filed by the respondent No.1, is for review of a judgement and order dated 18th February, 2014 passed by the Division Bench comprising Their Lordships the Hon'ble Justice Ashim Kumar Banerjee and the Hon'ble Justice Asim Kumar Mondal (As Their Lordships then were), allowing the appeal being APO No.307 of 2013, against an order dated 11th September, 2013 passed by the Hon'ble Single Judge in an application being EC No. 288 of 2012 for execution of an arbitral award.

(2.) By the order dated 11th September, 2013, under appeal in APO No.307 of 2013, Her Ladyship the Hon'ble Ms. Justice Nadira Patherya held that the applicant for review, being the award holder, was entitled to execute the award, against the appellant, Amrit Fresh Private Ltd., being the purchaser of the properties of the Judgment-debtor, which had been mortgaged and/or hypothecated to Indian Bank, and sold in an auction under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Act, 2002, hereinafter referred to as the SARFAESI Act.

(3.) On or about 10th July, 2007, the applicant for review, being the respondent No. 1 in the appeal, entered into an agreement with M/s Meadow Feeds Specialties Pvt. Ltd., hereinafter referred to as the 'Judgement-debtor', for supply of milk to the Judgment-debtor at the agreed price. The said agreement executed on 10th July, 2007, inter alia contained a clause for reference of disputes to arbitration.