Patiala House Court: In an execution petition arising out of an arbitral award passed against the State of Rajasthan, the Single Judge Bench of Vidya Prakash, J. directed the attachment of Bikaner House owned by the State due to default in payment to the petitioner.
The present execution petition was filed seeking enforcement of the arbitral award dated 21-01-2020 passed by the Arbitral Tribunal. The judgment debtor (‘JD’)/ State filed a petition under Section 34 of Arbitration & Conciliation Act, 1996 against the aforesaid arbitral award. However, the said petition was dismissed on 24-01-2024 and has not been appealed, thus attaining finality.
On 16-10-2023, the JD was directed to file an affidavit of assets under Order 21 Rule 41(2) of the Code of Civil Procedure, 1908 (‘CPC’), failing which the matter would be proceeded with in accordance with law. However, the JD failed to comply with the said order and last opportunity was given to comply for the next dated of 13-03-2024 but no one appeared on behalf of JD.
The Court noted the fact that the present petitioner filed his own affidavit stating therein that Bikaner House is owned and possessed by JD, as per relevant information available on the official website of the State and is available in public domain. The Court also noted that the petitioner has categorically sought for the attachment of properties including immovable property of JD and has already filed Schedule of Immovable Properties along with the execution petition itself, wherein Bikaner House is also mentioned.
Noting the aforesaid facts and the fact that the JD failed to comply with the direction for furnishing affidavit of their assets despite grant of repeated opportunities, the Court agreed with the submissions of the DH.
Accordingly, the Court issued warrants of attachment of immovable property of JD i.e. Bikaner House, New Delhi situated within its territorial jurisdiction, upon taking of the requisite steps by the DH under Order 21 Rule 54 of CPC. The Court also held that the JD is prohibited from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge.
Further, the Court directed the JD to appear on the next in order to take notice of the date to be fixed for settling the terms of the proclamation of sale.
[Enviro Infra Engineers Pvt. Ltd. v. Nagar Palika, Nokha, State of Rajasthan, 2024 SCC OnLine Dis Crt (Del) 31, decided on: 18-09-2024]
Advocate who appeared in this case :
For the petitioner: Sh. Abhinav Jain, Advocate
Buy Arbitration and Conciliation Act, 1996 HERE
