M/S.Pioneer Polyleathers Pvt Lt v. M/S.Comper Products Co
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-12-2024
CORAM
THE HONOURABLE MR JUSTICE P.B. BALAJI EP NO. 96 of 2023 & E.P.NO.97 of 2023 M/s.Pioneer Polyleathers Pvt Lt Plot no.5732,A Block, Street no.81, Raghurpura, Karol Bagh, New Delhi 110005 Petitioner(s) Vs M/s.Comper Products Co 824, 35th st., Periyar Nagar, Korattur, Chennai-600080 and 3 Others Respondent(s) EP NO. 96 of 2023 For Petitioner(s):
M/s.G.Adithyaraj G.Dhinesh Preeti Goel Prateek Tomar Priyanka Dhyani For Respondent(s):
M/s. P.C.Harikumar & Associates S.Charuhasan Vak for 1 to R3 in D.No.38029/2023 JD4-HDFC BANK 253, New No.36, TNHB Colony, II Street, Korattur, Chennai - 6t00 080.
1/7
EP NO. 96 of 2023 To
1. M/s.Comper Products Co 824, 35th st., Periyar Nagar, Korattur, Chennai600080
2. S.V.Raman 824, 35th st., Periyar Nagar, Korattur, Chennai-600080
3. Raghunaath 824, 35th st., Periyar Nagar, Korattur, Chennai-600080
4. HDFC Bank 253, New No.36, TNHB Colony, II Street, Korattur, Chennai - 6t00 080. EP NO. 97 of 2023 AND A NO. 2134 OF 2024 M/s.Pioneer Polyleathers Pvt Lt Plot no.5732,A Block, Street no.81, Raghurpura, Karol Bagh, New Delhi 110005 Petitioner(s) Vs M/s.Comper Products Co 824, 35th st., Periyar Nagar, Korattur, Chennai-600080 and 2 Others Respondent(s) A NO. 2134 of 2024 M/s.Comper Products Co and 2 others 824, 35th st., Periyar Nagar, Korattur, Chennai-600080 and 2 Others 2/7
Applicant(s) Vs M/s.Pioneer Polyleathers Pvt Ltd 824, 35th st., Periyar Nagar, Korattur, Chennai-600080 Respondent(s) EP NO. 97 of 2023 For Petitioner(s):
M/s.G.Adithyaraj G.Dhinesh Preeti Goel Prateek Tomar Priyanka Dhuani For Respondent(s):
M/s. P.C.Harikumar & Associates Affidavi D.No. 49012, 49014, Dt. 17/12/2024 S.Charuhasan Vak for R1 to R3 in D.No.38593/2023 Respondent Set Ex-parte On Dt: 14/02/2024 A NO. 2134 of 2024 For Applicant(s):
M/s. P.C.Harikumar and Associates S.Charuhasan For Respondent(s):
C O M M O N O R D E R The Execution Petitions have been filed to execute the award in favour of the Decree-Holder by attachment of the bank account 3/7
belonging to the respondent (E.P.No.96 of 2023) and attaching the immovable property belonging to the respondent (E.P.No.97 of 2023). The Judgment Debtors have been taking time till today on the ground that a Section 34 petition is pending before the Delhi High Court and that initially a stay was granted and the Judgment Debtor had moved for modification of the condition imposed for grant of stay. However, the learned counsel for the Decree-Holder submits that till date there has been no modification of the order passed by the Delhi High Court and despite direction to deposit the entire amount, the same has not been complied with even as on date and therefore there is no stay. The learned counsel would further submit that there is no impediment for the Execution Petitions being ordered as prayed for, since the Judgment Debtor has admittedly not satisfied the awards.
2. Per contra, Mr.P.C.Harikumar, learned counsel for the Judgment Debtor would take a preliminary legal submission that the bank account as well as immovable property are situated outside the territorial jurisdiction of this Court and in terms of Section 2(e) of Arbitration and Conciliation Act as well as Section 3 of the Commercial Courts Act amending the Code of Civil Procedure and Clause 11 of 4/7
Letters Patent Act, this Court cannot entertain the Execution Petitions and try the same.
3. In the counter affidavit filed, the Judgment Debtor has not raised this point and therefore the learned counsel for the applicant would request the Court to negative the preliminary issue taken by the learned counsel for the judgment debtor.
4. No doubt, the judgment debtor has not taken this preliminary objection at any point of time, including in the counter filed in the E.P.No.97 of 2023. However, considering the fact the Execution Petitions are pending from 2023, I direct the Registry to transfer the Execution Petitions to the Commercial Court at Tiruvallur which is the competent Court of jurisdiction to execute the award. It is made clear that the Commercial Court, Tiruvallur shall proceed with the Execution Petitions from the present stage. On transfer, the Commercial Court shall issue notice to both the parties to fix a date of hearing and proceed with the hearing of the Execution Petitions from the present stage and decide the same expeditiously, in accordance with law. 5/7
5. Anyhow, this being an issue of jurisdiction and brought to the notice of this Court before orders were passed, this Court cannot close its eyes and ignore the quo of jurisdiction. Hence, the Execution Petitions cannot be proceeded with before this Court. 20.12.2024 nvi To
1. M/s.Comper Products Co 824, 35th st., Periyar Nagar, Korattur, Chennai600080
2. S.V.Raman 824, 35th st., Periyar Nagar, Korattur, Chennai-600080
3. Raghunaath 824, 35th st., Periyar Nagar, Korattur, Chennai-600080
1. M/s.Pioneer Polyleathers Pvt Ltd 824, 35th st., Periyar Nagar, Korattur, Chennai600080 6/7
P.B.BALAJI,J., nvi EP NO. 96 of 2023 & E.P.NO.97 of 2023 20.12.2024 7/7