GOLDEN TOBACCO LIMITED Vs. SIKKIM TOBACCO LIMITED

JUDGEMENT

(1.) Assailing the Order dated 18.09.2017, in Civil Execution Case No. 1 of 2014, the Petitioner is before this Court inter alia praying that the impugned Order be set aside and the learned District Judge, East Sikkim, at Gangtok, be directed to appoint a Commissioner to find out the market and the present value of the machines to enable execution of the Order of this Court in CRP No. 03 of 2015 dated 09.03.2017. Further, the learned District Judge be directed to ascertain whether seals on the machines as per the Order of the Hon'ble Supreme Court are still in place or whether the machines had been tampered with or damaged by the Respondent. A direction was also sought to make the Respondent pay the market value of the machines to the Petitioner, the Respondent having violated the Order of the Hon'ble Supreme Court by removing the seals and tampering with the machines.

(2.) Before the learned trial Court, the Petitioner herein was the Decree Holder and the Respondent was the Judgment Debtor and shall hereinafter be referred to as D.H. and J.D. respectively.

(3.) The learned trial Court on 18.09.2017 pronounced the impugned Order rejecting the application filed by the J.D. under Order XXI, Rule 58, read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter the "CPC"). The J.D. vide the application had inter alia brought to the notice of the learned trial Court that vide its Order of 07.08.2017, a Warrant of Attachment had been issued for the machines of the D.H., lying in the factory premises of the J.D. at Majhitar, Rangpo, East Sikkim. Vide the same Order (07.08.2017), the learned trial Court had also ordered the D.H. to deposit a sum of Rs. 2,92,86,700/- (Rupees two crores, ninety two lakhs, eighty six thousand and seven hundred) only, along with interest at the rate of 15% per annum on the aforestated amount, from the date of Award till the date of payment i.e. 11.09.2017, as per the Award of the learned Arbitrator. The D.H. failed to comply with the Order of the learned trial Court and make the deposit. Consequently, in view of this failure, the J.D. by filing the petition under Order XXI, Rule 58, read with Section 151 of the CPC prayed that the Order of attachment passed by the Court on 07.08.2017 be recalled and the J.D. be permitted to partly realize its dues from the D.H., through public auction of the machines.