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Shriram Harun

The document is a legal memo submitted to the District Judge of Palwal by Shriram Transport Finance Company Limited, seeking execution of an arbitral award dated June 20, 2016, against judgment debtors Harun and Majeed. The application requests the court to attach the debtors' properties for auction or detain them in prison due to non-payment of the awarded amount of Rs. 10,21,128 plus interest. The memo outlines the details of the arbitration and the legal basis for the execution of the award.

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Arpita Verma
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7 views5 pages

Shriram Harun

The document is a legal memo submitted to the District Judge of Palwal by Shriram Transport Finance Company Limited, seeking execution of an arbitral award dated June 20, 2016, against judgment debtors Harun and Majeed. The application requests the court to attach the debtors' properties for auction or detain them in prison due to non-payment of the awarded amount of Rs. 10,21,128 plus interest. The memo outlines the details of the arbitration and the legal basis for the execution of the award.

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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Download as DOC, PDF, TXT or read online on Scribd
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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. Harun son of Sh. Jumma, resident of Village Sarai, Tehsil Hodal, District
Palwal.
2. Majeed son of Dulli, resident of House no. 27, Village Nangla Ahsanpur,
Sarai Khatela, Tehsil Hodal, 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 20.6.2016 PASSED BY SH. Aarif Mohd. Madani, 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. Harun son of Sh. Jumma, resident of Village Sarai, Tehsil Hodal, District
Palwal.
2. Majeed son of Dulli, resident of House no. 27, Village Nangla Ahsanpur,

Sarai Khatela, Tehsil Hodal, 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 20.6.2016 PASSED BY SH. Aarif Mohd.
Madani, 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 20.6.2016 passed by the named Sole
Arbitrator Sh. Arif Mohd. Madani, District Judge(RETD.) the detailed
particulars of which are stated hereunder:-
-::-

(a) Arbitration Claim Petition : BWD/STF/33/2016


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 20.6.2016
which the execution is passed by the named Sole Arbitrator
sought
Sh. Arif Mohd. Madani, District
Judge(RETD) sole Arbitrator office
no. 2, IIIrd Floor, Felicity Tower,
Main Sehkar Marg, Inf front of
Jyoti Nagar, Jaipur.
(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. 10,21,128/- alongwith interest
to be recovered. @ 18% per annum w.e.f 10.5.2016
and future till its actual recovery.

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


-::-

(j) Any other information : The parties agreed for the


appointment of Sh. Arif Mohd.
Madani, District Judge(RETD) sole
Arbitrator office no. 2, IIIrd Floor,
Felicity Tower, Main Sehkar Marg,
Inf front of Jyoti Nagar, Jaipur, the
named sole Arbitrator, vide hire
purchase agreement no.
ALWA10912300004 against
vehicle no. HR-38J-7143 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 20.6.2016 passed by the named Sole
Arbitrator. 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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