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Arbitration Act – Execution of Arbitral Award – Failure of Award Debtor to appear in Court – Important Directions of the Bombay High Court for attachment of Bank Accounts and non-bailable warrant.

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Arbitration Act – Execution of Arbitral Award – Failure of Award Debtor to appear in Court in award execution petition – Important Directions of the Bombay High Court for attachment of Bank Accounts and non-bailable warrant

 

 

On 11.3.2024, the Court issued notice under Order 21 Rule 27 of the Civil Procedure Code to appear before the Court and to show cause why he should not be committed to civil prison and also given other directions.   However, the award-debtor did not appear.

 

HELD that the judgment debtor no.1 is deliberately avoiding the High Court and has been in violation / breach of the orders despite opportunity granted to him, issued non-bailable warrant to secure his presence, if he is not in the country then to issue red corner notice, to attach the bank accounts and to take charge of all demat accounts and forbidden to buy or sell shares through any bank or demat accounts.

Order dated 18.3.2024  – Cherag Shah Vs. Harshwardhan H. Sabale and another in Commercial Execution Application (L) No.16702 of 2023 and Interim Application (L) No.16273 of 2023

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