M/S.A.S.Nutech Electrials Pvt Ltd v. Larsen And Toubro Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH M/s.A.S.Nutech Electricals Pvt. Ltd.

Rep. by its Director Shri.Arun Srivastava 240-241 Block-A Vardhaman Grand Plaza, Manglam Place Sector 3, Rohini, New Delhi 110 085 .. Applicant Vs.

M/s.Larsen & Toubro Ltd.

Having its registered office at L&T House, Ballard Estate P.O.Box 278, Mumbai 400 001 .. Respondent Application filed under Order XIV Rule 8 of the Madras High Court Original Side Rules read with Order 21 Rule 41(2) & 41(3) of the Code of Civil Procedure, 1908, to direct an officer of the respondent/award debtor to forthwith state on affidavit the particulars of all assets held by the respondent/award debtor, including fixed, tangible, intangible, movable and immovable assets, in terms of Order XXI Rule 41(2) of CPC, failing which, this Hon'ble Court may be pleased to pass necessary orders under Order XXI Rule 41(3) of CPC, for detaining the officer of the respondent/award debtor in civil prison. 1/4

For applicant : Mr.Arun Karthik Mohan For respondent : No appearance

O R D E R

This application has been filed under Order XXI Rule 41 of the Code of Civil Procedure, 1908, read with the Original Side Rules for a direction to the respondent to file an affidavit of all assets and other means of the respondent.

2. Notice has been served on the respondent and the name of the respondent has also been printed in the cause list. There is no appearance either in person or through counsel.

3. This Court carefully heard the learned counsel for the applicant and perused the materials available on record.

4. It is seen that the award was passed by the sole arbitrator on 06.05.2024 directing the respondent to pay a total sum of Rs.30,82,156/- along with interest at the rate of 12% p.a. from the date of commencement of the arbitral proceedings.

5. After the award was passed, the applicant had filed a caveat anticipating that the respondent will challenge the award by filing a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (in short "the Act"). Even though 2/4

the papers were served on the respondent who had entered caveat, it is informed that till date, application under Section 34 of the Act has not even been numbered and brought up for hearing.

6. When the matter was taken up for hearing today, the learned counsel for the applicant filed a computation statement showing the outstanding dues as on 15.03.2025 to the tune of Rs.51,13,841.68.

7. In order to recover the above amount, the applicant requires the particulars of the assets and other means of the respondent. The respondent, in spite of being served with notice, has not cared to appear before the Court either in person or through counsel.

8. Hence, there shall be a direction to the respondent to file an affidavit stating the particulars of the assets and other means on or before 17.10.2025.

9. This application is disposed of with the above direction.

10. Post this application under the caption "for reporting compliance" on 17.10.2025.

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N. ANAND VENKATESH, J.

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