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Judgment
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 Indian 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. 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.
The said award have been served on both the judgment-debtors as reflected by the acknowledgment due card annexed to the execution application. 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.
The judgment-debtors are directed to file their individual affidavits of assets in Form No.16A of Appendix-E of the Code of Civil Procedure within
four weeks from the date of communication of the order, failing which warrants of arrest may be issued against the judgment-debtors. The matter is
made returnable on 3rd August, 2018 when the judgment-debtor no.1 shall be present for examination.