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Judgment
The Court: Ms. Shrayashee Das (Saha), learned Counsel appearing on behalf of the award holder has relied upon an unreported Division Bench judgment of this Court in GA No. 922 of 2017, APOT No. 89 of 2017 and EC No. 1285 of 2015 (Magma Fincorp Limited Vs. Ashok Kumar & Ors.) dated 13th September, 2017, where the Hon'ble Division Bench had considered the aspect of service of award upon the judgment debtor. In deciding the said application, the Hon'ble Division Bench has referred to Clause 9(b) of the arbitration agreement between the parties in the said proceeding, Section 114 of the Evidence Act, Section 3 of the Arbitration and Conciliation Act and Chapter VI of the Indian Post Office Act, 1898. Similar clause as that of 9(b) that was considered by the Hon'ble Division Bench is present in the instant arbitration agreement. The records reveal that the envelopes said to contain the award was forwarded by the Arbitral Tribunal by a letter dated 7th May, 2018. The envelope was addressed to the respondents at the addresses mentioned in the arbitration agreement and proper stamps were affixed thereon. The Arbitrator has also paid postal charges by affixing prepaid adhesive postage stamps and the postal article duly put in by registered post in the manner provided in Chapter VI of the Indian Post Office Act, 1898. Articles were dispatched on 8th May, 2018 by registered post with AD.
Under such circumstances, it shall be presumed that the award has been duly served upon the judgment debtors. In view of the Hon'ble Division bench judgment and having regard to the factual position as discussed above, in my view, the award holder is able to demonstrate service of the award upon the judgment debtors.
Under such circumstances, there shall be an order in terms of prayer (a) and (b) of Column 10 of the tabular statement.
Mr. Anand Farmania, Advocate, 5 Clive Row, Room No.20, Ground Floor, Kolkata-700001, Mob. 9836900353 is appointed as a receiver over and in respect of the asset in question with the direction to take physical possession of the asset in question and keep it at a place to be provided by the decree-holder until further orders. The receiver shall be entitled to an initial remuneration of 1500 GMs to be paid by the petitioner. The receiver may take police assistance to implement this order, if occasion arises.
The officer-in-charge of the local police station, on a written request for police help from the receiver, shall render all assistance to the receiver in taking over possession of the asset in question.
The matter is made returnable on 22nd January, 2019.