IN THE COURT OF THE HON’BLE PRL CITY CIVIL & SESSIONS JUDGE
AT BANGALORE
Execution Petition No. /2024
BETWEEN:
M/s. Alpha Builders Pvt. Ltd. Decree Holder
Represented by its Power of Attorney holder
Mr. Anant Swaminathan
And
M/s. Omega Construction Ltd. Judgement Debtor
INDEX
Sl. No. DESCRIPTION Pages C. F. Paid
1. Application U/o.21, Rule 11(2) of the Code of 1
Civil Procedure 1908.
2. Verifying Affidavit. 2
3. List of Documents. 4
4. Vakalath 5
5. Process Memo 6
6. Court Fee 9 200/-
7. Stamp Duty 10
Place: Bangalore
Date : 29 /02/2024 Advocate for Decree Holder
IN THE COURT OF THE HON’BLE PRL CITY CIVIL & SESSIONS JUDGE
AT BANGALORE
Execution Petition No. /2024
IN
Arbitral Proceeding No. AK/RFL/260/2023
Under Order 21 Rule 11(2) of the Code of Civil Procedure, 1908.
Decree-Holder’s Name: M/s. Alpha Builders Pvt Ltd.
Number of Suit Arbitral Proceeding No. AK/RFL/260/2023
DECREE-HOLDER M/s. Alpha Builders Pvt Ltd.
A Non-Government Company, Limited by Shares
Incorporated Under The Provision of
The Companies Act-1956
Having its Branch office at ;
M/S Alpha Builders Pvt Ltd, 7th floor,
Brigade Gateway, Dr Rajkumar Road , Rajajinagar,
Bengaluru- 560010
M : +91 8150833818 , Dir : 080 – 40769578
Mail : alphabuilders@gmail.com
Represented by its Power of Attorney holder
Mr. Anant Swaminathan
Judgment/Debtor/S 1. Omega Constructions Ltd.
Peenya Industrial Area, Phase IV,
NORTH BANGALORE, KARNATAKA-560058
Represented by its Power of Attorney holder
Mr. Anant Swaminathan
Arbitral Proceeding Trial Court Appellate High Court
No AK/RFL/260/2023 Claim Court R.S.A. No……….
Date of Award No.2500/2023 R.A…………. D/D……………..
24/08/2023 D/D 12/01/2023 D/D………..
Whether any appeal has No
been preferred from the
Decree
Payment or adjustment
made, if any No
Previous application if Decree holder has filed Arbitral proceedings at
any, with date & result Bangalore before the learned Arbitrator Mr. Antin Jose,
in vide Arbitral Case No. AK/RFL/260/2023 the
award was passed on 24/08/2023.
Rs. P.
1. Decree Amount…………………. .….
Interest on Principle Rs. 13,44,998/- from 09/10/2022 to 13,44,998 0
24 /08/2023 at 12% percent P.A …… 0
2. Costs awarded in Arbitral proceeding towards
a) Sending notices and awards b) clerical, stationery, typing, 0
copying & other expenses c) cost of non-judicial stamp 0
paper for award and d) Arbitrators fees. 15,000
3. Costs of the Appellate Court .…. 0
4. High Court Costs .…. 0
5. Costs of copies …..
6. Previous execution costs .….
7. Present Execution costs .….
8. Advocate’s Fee .….
9. …………………….
Total Balance
13,59,998
Less amount received with counter interest
thereon at 12% per annum
0
0
Against whom The Judgement Debtor / s
To be executed
1) Enforcement of the Arbitral Award dated
24/08/2023 against Judgement Debtor,
directing payment of damages and costs.
2) Attachment of Judgement Debtor’s assets to
Mode in which the ensure realisation of the awarded amount
assistance of the and safeguard Decree Holder’s interests.
Court is sought 3) Injunctive orders restraining JUdgement
Debtor from asset transfer pending
satisfaction of the Arbitral Award, preventing
dissipation of assets.
4) Appointment of a receiver to manage and
liquidate assets if Judgement Debtor fails to
comply, ensuring realisation of the awarded
amount for Alpha Builders Pvt. Ltd.
IN THE COURT OF THE HON’BLE PRL CITY CIVIL & SESSIONS JUDGE
AT BANGALORE
Execution Petition No. /2024
BETWEEN:
M/s. Alpha Builders Pvt. Ltd. Decree Holder
Represented by its Power of Attorney holder
Mr. Anant Swaminathan
And
M/s. Omega Construction Ltd. Judgement Debtor
AFFIDAVIT
I Mr. Anant Swaminathan, aged 50 years S/o Mr Vivek Smainathan residing at Flat no
305, 3rd floor, Phoenix Kessaku, Rajajinagar Bengaluru 560010 do hereby solemnly
affirm and state as follows:
1. That I am the lawful attorney-in-fact and holder of the Power of Attorney granted
by Alpha Builders Pvt. Ltd., the Decree Holder in the present matter, authorising
me to represent the said company in legal proceedings and sign documents on its
behalf.
2. That there exists a commercial dispute between Decree Holder and Judgement
Debtor, arising out of a contractual agreement for the construction of a
commercial complex. The dispute primarily revolves around discrepancies in
project specifications, delays in project completion, and disagreements regarding
payment schedules and quality of workmanship. These issues have led to a
breakdown in the contractual relationship between the parties, necessitating the
intervention of arbitration to resolve the conflicting claims and seek appropriate
remedies.
3. That pursuant to the arbitration clause contained in the said agreement, the
dispute was referred to arbitration, presided over by Mr.Antin Jose, who
rendered the Arbitral Award dated 24/08/2023 in favour of Decree Holder.
4. That the Arbitral Award directed Omega Constructions Ltd. to pay a specified
amount as damages and costs to Decree Holder., totaling Rs 13,59,998 ( Rupees
Thirteen Lakh Fifty Nine Thousand Nine Hundred Ninety Eight Only). A certified
copy of the Arbitral Award is annexed herewith and marked as Annexure-A for
reference.
5. That despite repeated demands and reminders, the Judgement Debtor has failed
to comply with its obligations under the Arbitral Award, thereby necessitating
the intervention of this Honourable Court for enforcement.
6. That the statements made hereinabove are true and correct to the best of my
knowledge, information, and belief, and nothing material has been concealed
therein.
VERIFICATION
I, Mr. Anant Swaminathan, aged 50 years S/o Mr Vivek Smainathan Holder of Power of
Attorney, M/s. Alpha Builders Pvt Ltd., do hereby declare that what is stated above is
true to the best of my / our knowledge, information and belief.
Place: Bangalore
Date : 29 /02/2024 Decree Holder
Advocate for decree holder
Schedule
Movable properties of Judgment debtors situated at the office premises of the
judgement debtors to pass necessary orders;
1. All kinds of Heavy Machinery
2. All kinds of Electronic and Electrical Goods.
3. Two wheelers.
4. Four wheelers.
5. All kinds of Tools and Safety Equipments
Place: Bangalore
Date : 29/02/2024 Decree Holder
Advocate for Decree Holder
I, the above named Decree Holder do hereby declare that what is stated above is true to
the best of my knowledge, information and belief.
Place: Bangalore Decree Holder
Date : 29 /02/2024
