AMIT KATYAL Vs. CHD BLUEBERRY REALTECH PVT. LTD

JUDGEMENT

(1.) The instant application has been filed by the appellant - Amit Katyal seeking exemption from payment of Court fees on the ground that since he was not a party before the Court below, therefore, no ad valorem Court fee is required to be paid by him.

(2.) The brief facts of the instant case are that M/s CHD Blueberry Real tech Private Limited (hereinafter referred to as "Blueberry") / respondent No.1 / Decree Holder initiated proceedings against M/s Iceberg Developers Private Limited (hereinafter referred to as "Iceberg") / respondent No. 2 / Judgment Debtor under the provisions of Arbitration and Conciliation Act, 1996 (as amended upto date) (hereinafter referred to as "Act, 1996") for adjudication of its claim. This led to passing of an Award dtd. 18/3/2016 in favour of Blueberry / Decree Holder and against Iceberg-Judgment Debtor. Decree Holder filed an execution petition, for recovery of the decretal amount being Rs.82,05,34,944.00 including interest calculated upto 20/1/2018, consequent upon failure of Judgment Debtor to remit the same within three (03) months.

(3.) On issuance of notice in the execution petition Iceberg- Judgment Debtor (respondent No. 2) appeared, but did not make the payment. Blueberry-Decree Holder (respondent No. 1) moved an application seeking to restrain the Judgment Debtor from transferring its assets on 20/3/2018. An application under Order 21 Rule 41 CPC for seeking directions to Judgment Debtor to disclose the assets, was also moved on 21/3/2018. Reply of the same was filed by the Judgment Debtor / respondent No.2 on 16/4/2018. Consequently, a restraint order against the Iceberg-Judgment Debtor-Respondent No.2 was passed from transferring its assets on 29/5/2018.