LAWS(P&H)-2012-11-41

INDUSIND BANK LTD. Vs. BHULLAR TRANSPORT COMPANY

Decided On November 15, 2012
INDUSIND BANK LTD. Appellant
V/S
Bhullar Transport Company Respondents

JUDGEMENT

(1.) Decree holder Indusind Bank Ltd. has filed this revision petition under Article 227 of the Constitution of India against order dated 23.8.2010 passed by the executing court i.e. learned Additional District Judge, Amritsar thereby ordering return of execution petition Annexure P/2 filed by the petitioner for enforcement of arbitration award Annexure P/1. Petitioner filed execution petition Annexure P/2 for enforcement of arbitration award Annexure P/1 under section 36 of the Arbitration and Conciliation Act, 1996 (in short, the Act).

(2.) Respondent/judgment debtor no. 1 filed application Annexure P/3 for dismissal of the execution petition alleging that no part of cause of action arose at Amritsar and therefore, the executing court at Amritsar has no territorial jurisdiction to entertain the execution petition. In this regard, it was pleaded that the truck chassis (for which loan was taken from the petitioner) was purchased at Jalandhar. The alleged agreement between the parties was also executed at Jalandhar. The DH had also its office at Jalandhar and the first insurance of the vehicle in question was also effected in Jalandhar.

(3.) Respondent /judgment debtor no. 2 filed reply to execution petition/objections Annexure P/4 alleging that he never stood guarantor for the loan allegedly taken by respondent no. 1 from the petitioner and the impugned ex parte award is not enforceable against him for various reasons. Petitioner by filing replies Annexures P/5 and P/6 controverted the averments of the respondents.