Daily Orders for Case AP.

EFA 2/2019
Sl. Judge(s) Date of Daily Order
No Name Order
1 ARAVIND 14/06/2021 Post this matter along with AP EFA Nos.3/2019 and 4/2019 on 02.07.2021.
KUMAR AND
N S SANJAY
GOWDA
2 ARAVIND 31/07/2021 ORDER Await service of notice on respondent in AP-EFA Nos.3/2019 and 4/2019.
KUMAR AND In the meanwhile, Registry is directed to put-up note as to whether notice
PRADEEP dispatched to respondent in the said petitions has been served or otherwise.
SINGH YERUR Re-list these matter on 16.08.2021.
3 ARAVIND 16/08/2021 ORDER IN AP-EFA NO.3 OF 2019 A note made by the Registry would indicate
KUMAR AND that notice is served on respondent and postal shara is ‘item delivery confirmed’.
PRADEEP Hence, service of notice on respondent is held sufficient. Registry to print the
SINGH YERUR name of the respondent as served. ORDER IN AP-EFA NO.4 OF 2019 A note
made by the Registry would indicate that notice is not served on the respondent
and postal shara is ‘item returned addressee left without instructions’. ORDER
ON IA.NO.1/2021 IN AP-EFA 4 OF 2019 Learned counsel for appellant has filed
an application seeking for issuance of notice to respondent by substituted
service by way of paper publication in ‘Vijaya Karnataka’, daily newspaper in
Mangalore and Chitradurga edition. Accepting the reasons assigned in the
Memorandum of facts accompanying the application, IA.No.1/2021 is allowed
and appellant is permitted to take out notice to respondent by way of paper
publication in ‘Vijaya Karnataka’, daily newspaper in Mangalore and Chitradurga
edition. Registry to issue draft paper publication forthwith by notifying the
hearing date as 05.10.2021. Appellant to get the notice published on or before
20.09.2021. List these matters on 05.10.2021.
4 ARAVIND 05/10/2021 Pursuant to the order dated 16.08.2021 appellant has taken out notice to the sole
KUMAR AND respondent through substituted service namely, paper publication. A memo is
PRADEEP filed enclosing the paper publication. Same is placed on record. Respondent
SINGH YERUR called out. None appeared. Service of notice on respondent is held sufficient.
Registry is directed to print the name of respondent in the cause list. Re-list
this matter for 'Admission' on 18.10.2021.
5 ALOK 18/10/2021 Heard the learned counsel for the petitioner. Learned counsel for the petitioner
ARADHE AND submitted that despite service of notice, the respondent has failed to appear
S before this court and therefore, the immovable properties of the respondent be
VISHWAJITH attached. We have considered the submission made by learned counsel for
SHETTY the petitioner. This petition has been filed for enforcement of a foreign arbitral
award under Section 47 & 49 of the Arbitration and Conciliation Act, 1996. This
petition is a petition for execution of the award and the award has to be enforced
in the manner prescribed under Order 21 of Code of Civil Procedure. Order 21
Rule 13 of Code of Civil Procedure reads as follows: 13. Application for
attachment of immovable property to contain certain particulars - Where an
application is made for the attachment of any immovable property belonging to a
judgment-debtor, it shall contain at the foot - (a) a description of such property
sufficient to identify the same and, in case such property can be identified by
boundaries or numbers in a record of settlement or survey, a specification of
such boundaries or numbers, and (b) a specification of the judgment-debtor's
share or interest in such property to the best of the belief of the applicant, and so
far as he has been able to ascertain the same. We have perused the
application filed by the petitioner. The petitioner has not furnished the description
of the properties sufficient to identify the same. Therefore, we deem it
appropriate to direct the petitioner to furnish the particulars of the property in
consonance with provisions contained in Order 21 Rule 13 of the Code of Civil
Procedure. Let the petition be listed on 27.10.2021.
6 ALOK 27/10/2021 Sri A.Madhusudhana Rao, learned Counsel for the petitioner. Learned Counsel
ARADHE AND for the petitioner prays for adjournment to enable him to file an application under
S Order XXI Rule 11 CPC. Three weeks time is granted to do so.
VISHWAJITH
SHETTY
Sl. Judge(s) Date of Daily Order
No Name Order
7 SURAJ 09/06/2022 Re-list on 4.07.2022.
GOVINDARAJ
8 SURAJ 04/07/2022 1. On behalf of the learned counsel for the petitioner, two days time is sought
GOVINDARAJ for. 2. Re-list on 11.7.2022.
9 SURAJ 11/07/2022 1. At the request of the learned counsel for the petitioner, two weeks' time is
GOVINDARAJ granted finally to file necessary application. If application is not filed by
29.07.2022, the petition is liable to be dismissed for non-prosecution. 2. Re-list
on 01.08.2022.
10 S.R.KRISHNA 01/08/2022 RE LIST ON 17.08.2022
KUMAR
11 S.R.KRISHNA 17/08/2022 List after two weeks.
KUMAR
12 B.M.SHYAM 01/03/2023 The learned counsel for the petitioner submits that these petitions are filed for
PRASAD enforcement of a foreign award with necessary applications under Order XXI of
CPC furnishing the details of the properties that will have to be attached for
enforcement of an award. However, before any orders are passed on the
applications under Order XXI of CPC, the enforceability of the order may have to
be examined in the light of the provisions of Section 43 of the Arbitration and
Conciliation Act, 1996. For submissions in this regard, the office is directed to re-
list these petitions on 15.03.2023.
13 B.M.SHYAM 15/03/2023 Adjourned for want of time to be called on 29.03.2023.
PRASAD
14 B.M.SHYAM 29/03/2023 As requested by Sri. A.Madhusudhana Rao, the learned counsel for the petitioner,
PRASAD the office is directed to re-list these petitions on 12.04.2023.
15 B.M.SHYAM 12/04/2023 Adjourned as requested to be called in the week commencing from 22.05.2023.
PRASAD
16 S.R.KRISHNA 22/05/2023 RE LIST ON 05.06.2023 AT REQUEST.
KUMAR
17 S.R.KRISHNA 05/06/2023 RE LIST ON 12.06.2023 AT 2.30 P.M.
KUMAR
18 S.R.KRISHNA 12/06/2023 ORDERS ON I.A.1/2022 IN AP.EFA NO.2/2019 Accepting the reasons stated in
KUMAR the application, I.A.1/2022 is hereby allowed and petitioner is permitted to file the
accompanying petition for execution of the foreign award passed by the Arbitral
Tribunal. ORDERS ON I.A.1/2022 IN AP.EFA NO.3/2019 Accepting the reasons
stated in the application, I.A.1/2022 is hereby allowed and petitioner is permitted
to file the accompanying petition for execution of the foreign award passed by
the Arbitral Tribunal. ORDERS ON I.A.1/2022 IN AP.EFA NO.4/2019 Accepting the
reasons stated in the application, I.A.1/2022 is hereby allowed and petitioner is
permitted to file the accompanying petition for execution of the foreign award
passed by the Arbitral Tribunal. Re-list on 19.06.2023 for the purpose of
passing appropriate orders regarding issuance of attachment warrant.
19 S.R.KRISHNA 19/06/2023 Re-list these matters on 26.06.2023.
KUMAR
20 S.R.KRISHNA 26/06/2023 COMMON ORDER The petitioners have sought for the following reliefs: IN
KUMAR A.P.EFA No.02/2019 "Wherefore, it is most respectfully prayed that this Hon'ble
Court be pleased to order the enforcement of the Award in Arbitration No.16-666
dated 05.11.2018 passed by the Hon'ble Arbitral Tribunal as per the Arbitration
Rules No.125 of GAFTA, in favour of the Petitioner and against the Respondent
and order the recovery of amounts payable by the respondent as per the award
along with up to date interest by attachment and sale of the movable and
immovable properties of the Respondent, and also award the costs of the
present Enforcement proceedings, and grant such other reliefs as this Hon'ble
deems fit to grant in the circumstances of the case." IN A.P.EFA No.03/2019
"Wherefore, it is most respectfully prayed that this Hon'ble Court be pleased to
order the enforcement of the Award in Arbitration No.16-616 dated 24.10.2018
passed by the Hon'ble Arbitral Tribunal as per the Arbitration Rules No.125 of
GAFTA, in favour of the Petitioner and against the Respondent and order the
Sl. Judge(s) Date of Daily Order
No Name Order
recovery of amounts payable by the respondent as per the award along with up
to date interest by attachment and sale of the movable and immovable
properties of the Respondent, and also award the costs of the present
Enforcement proceedings, and grant such other reliefs as this Hon'ble deems fit
to grant in the circumstances of the case." IN A.P.EFA No.04/2019 "Wherefore,
it is most respectfully prayed that this Hon'ble Court be pleased to order the
enforcement of the Award in Arbitration No.16-648 dated 08.08.2018 passed by
the Hon'ble Arbitral Tribunal as per the Arbitration Rules No.125 of GAFTA, in
favour of the Petitioner and against the Respondent and order the recovery of
amounts payable by the respondent as per the award along with up to date
interest by attachment and sale of the movable and immovable properties of the
Respondent, and also award the costs of the present Enforcement proceedings,
and grant such other reliefs as this Hon'ble deems fit to grant in the
circumstances of the case." Pursuant to the order dated 16.08.2021, the
petitioners have taken out paper publication, despite which respondent has
chosen to remain unrepresented and has not contested the petitions and the
same has been recorded by this Court in its order dated 18.10.2021.
Subsequently, pursuant to the aforesaid orders passed by this Court, the
petitioners have filed applications (I.A.No.1/2022) in all the three petitions and
the same came to be allowed by this Court vide order dated 12.06.2023. In
view of the aforesaid orders passed by this Court and the respondent having not
opposed the present proceedings nor contested the reliefs sought for by the
petitioners, the request of the petitioners for attachment of Schedule 'A' and 'B'
properties to the petitions deserve to be accepted. In the result, I pass the
following: ORDER Issue attachment warrant in respect of Schedule 'A' and 'B'
properties as enumerated in the applications (I.A.No.1/2022) as expeditiously as
possible. Re-list on 07.08.2023.