Lakshmi Float Glass Ltd & ANR. v. Iag Glass Co. Ltd.

$~OS-36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ OMP (ENF.) (COMM.) 57/2017 and IA Nos. 4729-4730/2017 LAKSHMI FLOAT GLASS LTD & ANR. ..... Petitioners Through Mr.Mukul Gupta, Sr. Adv. with Mr.Vibhor Garg, Mr. Tushar Gupta, Mr.Sumit Kumar Mishra and Ms.Puja Agarwal, Advs.

versus IAG GLASS CO. LTD.

..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 20.04.2017 1.

The present petition is filed under Section 36 of the Arbitration and Conciliation Act, 1996 seeking a transfer certificate in favour of the petitioners for the jurisdiction of the Senior Civil Judge, Ramgarh, Jharkhand. It is stated that the property of the judgment-debtor /respondent is situated within the territorial jurisdiction of the said court. 2.

The parties had entered into an MOU dated 27.09.2013 and 01.02.2014. Certain disputes arose between the parties whereby the petitioners are said to have invoked the arbitration clause on 20.06.2014. On 13.10.2014 this court passed an order appointing a sole arbitrator to adjudicate upon the dispute arising between the parties. The respondent did not appear. An ex parte award has been passed in favour of the petitioners and against the judgment-debtor/respondent directing the respondent to pay OMP (ENF.) (COMM.) 57/2017

Rs.37,17,23,078/- together with interest at the rate indicated in the Award. No objections are said to have been filed against the Award. 3.

In view of the above, the present petition is allowed to the extent as noted above, namely, an appropriate transfer certificate be issued to the petitioners transferring the decree for execution to the court of Senior Civil Judge, Ramgarh, Jharkhand.

4.

In view of the above, the petition stands disposed of. 5.

All pending applications also stand disposed of. JAYANT NATH, J APRIL 20, 2017 rb OMP (ENF.) (COMM.) 57/2017