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Shriram Anand Swaroop

The document is a legal memo filed in the Hon'ble Court of District Judge, Palwal, by Shriram Transport Finance Company Limited seeking the execution of an arbitral award dated 29.2.2016 against judgment debtors Anand Swaroop and Bhudev. The application requests the court to attach and auction the debtors' properties or detain them in prison due to non-satisfaction of the award amounting to Rs. 3,81,902 plus interest. The memo outlines the details of the arbitration claim and the legal basis for the execution request.

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Arpita Verma
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7 views5 pages

Shriram Anand Swaroop

The document is a legal memo filed in the Hon'ble Court of District Judge, Palwal, by Shriram Transport Finance Company Limited seeking the execution of an arbitral award dated 29.2.2016 against judgment debtors Anand Swaroop and Bhudev. The application requests the court to attach and auction the debtors' properties or detain them in prison due to non-satisfaction of the award amounting to Rs. 3,81,902 plus interest. The memo outlines the details of the arbitration claim and the legal basis for the execution request.

Uploaded by

Arpita Verma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Memo of Parties

IN THE HON’BLE COURT OF DISTRICT JUDGE, PALWAL.

Shriram Transport Finance Company Limited, Registered office :-


Mookambia Place 3rd Floor, Lady Desika Road no. 4, Chennai-600004,
Branch office at Kothi no. 249/2, Hassanpur Chowk, Hodal, District Palwal,
through its attorney Holder Sh. Sachin Kumar
. . . . Decree Holder/Claimant
Versus

1. Anand Swaroop son of Amar Chand, resident of Housing Board Colony,


Palwal, Tehsil & District Palwal.
2. Bhudev son of Hukam Chand, resident of House no. 6, Kasba Mohalla,
Ward no. 1, Palwal, Tehsil & District Palwal.
. . . .Judgment Debtors/ Respondents
Re:- Reference of dispute between the parties for adjudication before the
Hon’ble named Sole Arbitrator.
APPLICATION FOR EXECUTION OF THE ARBITRAL AWARD
DATED 29.2.2016 PASSED BY SH. J.N. YADAV, DISTRICT
JUDGE(RETD.) SOLE ARBITRATOR
Palwal:-
Decree Holder/D.H
Shriram Transport Finance Company Limited

Dated
Through Counsel

Narender Dabas, Advocate


-::-

IN THE HON’BLE COURT OF DISTRICT JUDGE, PALWAL.

Shriram Transport Finance Company Limited, Registered office :-

Mookambia Place 3rd Floor, Lady Desika Road no. 4, Chennai-600004,

Branch office at Kothi no. 249/2, Hassanpur Chowk, Hodal, District Palwal,

through its attorney Holder Sh. Sachin Kumar

. . . . Decree Holder/Claimant
Versus

1. Anand Swaroop son of Amar Chand, resident of Housing Board Colony,


Palwal, Tehsil & District Palwal.
2. Bhudev son of Hukam Chand, resident of House no. 6, Kasba Mohalla,

Ward no. 1, Palwal, Tehsil & District Palwal.

. . . .Judgment Debtors/ Respondents

Re:- Reference of dispute between the parties for adjudication before the

Hon’ble named Sole Arbitrator.

APPLICATION FOR EXECUTION OF THE ARBITRAL


AWARD DATED 29.2.2016 PASSED BY SH. J.N. YADAV,
DISTRICT JUDGE(RETD.) SOLE ARBITRATOR

THE DECREE HOLDER MOST RESPECTFULLY SUBMITS


AS UNDER:-
Sir,
The applicant/D.H/claimant respectfully prays for the execution
of the Arbitral Award dated 29.2.2016 passed by the named Sole
Arbitrator Sh. J.N Yadav, District Judge(RETD.) the detailed
particulars of which are stated hereunder:-
-::-

(a) Arbitration Claim Petition : ARB/JN/STFC/773/2015


No.

(b) Name of the Parties :- As mentioned in the title page of the


execution petition
(c) Date of Award/order of : The Arbitral award dated 29.2.2016
which the execution is passed by the named Sole Arbitrator
sought
Sh. J.N Yadav, District
Judge(RETD) sole Arbitrator
Chamber no. 75, Saheed Sukhdev
Singh Block, Near Gate no. 1,
District Court, Gurugram.

(d) Whether any appeal has : No.


been previously filed
(e) Whether any payment has : No.
been made towards
satisfaction of award
(f) Against whom the execution : Against the J.Ds who are jointly or
is and sought severally liable to pay
(g) In what manner the : By attaching and putting the
assistance is sought movable and immovable property to
sale of all J.Ds and/or to send them
in civil imprisonment or by
adopting any other suitable judicial
means which this Hon’ble Court
may deem fit and proper.
(h) Amount and interest sought : Rs. 3,81,902/- alongwith interest @
to be recovered. 18% per annum w.e.f 25.4.2015
pendentelite and future till its actual
recovery.
-::-

(i) Cost allowed : Rs. 12,000/- as costs of proceedings


and 120/- as a arbitral expenses
(j) Any other information : The parties agreed for the
appointment of Sh. J.N Yadav,
District Judge (RETD.) Sole
Arbitrator Chamber no. 75, Saheed
Sukhdev Singh Block, Near Gate
no. 1, District Cout Gurugram, the
named sole Arbitrator, vide hire
purchase agreement no.
HODAL0303300002 dated 3.4.2013
against vehicle no. HR-38C-5100 in
case of any dispute arising out of
the Hire Purchase Agreement duly
entered into between the parties to
the present execution petition. The
reference was preferred before the
named Sole Arbitrator, who was
pleased to pass the above mentioned
arbitral award which is executable
by this Hon’ble Court in the same
manner as the decree of a civil
Court since the award has not bee
satisfied by the judgment debtors,
hence the present application for its
-::-

execution petition.

Prayer

In view of the facts and submissions, mentioned hereinabove, it is most


humbly prayed that the properties of the judgment debtors be ordered to be
attached and put to auction and/or the J.Ds be detained in prison and/or this
Hon’ble court may take other suitable steps for the execution of the
satisfaction of the arbitral award dated 29.2.2016 passed by the named Sole
Arbitrator Sh. J.N Yadav, (District Judge Retd.). It is prayed accordingly

Such further or other order be passed as to this learned court may


deem fit and proper.

Petitioner/Decree Holder
(Shriram Transport Finance Company Limited)
Date:
Palwal
Through Counsel

Narender Dabas, Advocate


District Courts Palwal
Verification:-
Verified that the contents of the above said petition are true and correct to my
knowledge and as per the record maintained by the Decree Holder company.

Verified at Palwal of this……….date of ………….2018

Petitioner/Decree Holder

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