Shriram Transport Finance Company Limited has filed an application for the execution of an arbitral award dated August 27, 2015, against judgment debtors Jaibir Sharma and Kripa Shankar Shukla. The decree holder seeks to recover Rs. 3,17,239 along with interest and costs, requesting the court to attach the debtors' properties or detain them in prison for non-compliance. The application is presented through counsel Narender Dabas in the District Court of Palwal.
Shriram Transport Finance Company Limited has filed an application for the execution of an arbitral award dated August 27, 2015, against judgment debtors Jaibir Sharma and Kripa Shankar Shukla. The decree holder seeks to recover Rs. 3,17,239 along with interest and costs, requesting the court to attach the debtors' properties or detain them in prison for non-compliance. The application is presented through counsel Narender Dabas in the District Court of Palwal.
Shriram Transport Finance Company Limited has filed an application for the execution of an arbitral award dated August 27, 2015, against judgment debtors Jaibir Sharma and Kripa Shankar Shukla. The decree holder seeks to recover Rs. 3,17,239 along with interest and costs, requesting the court to attach the debtors' properties or detain them in prison for non-compliance. The application is presented through counsel Narender Dabas in the District Court of Palwal.
Shriram Transport Finance Company Limited has filed an application for the execution of an arbitral award dated August 27, 2015, against judgment debtors Jaibir Sharma and Kripa Shankar Shukla. The decree holder seeks to recover Rs. 3,17,239 along with interest and costs, requesting the court to attach the debtors' properties or detain them in prison for non-compliance. The application is presented through counsel Narender Dabas in the District Court of Palwal.
Download as DOC, PDF, TXT or read online from Scribd
Download as doc, pdf, or txt
You are on page 1/ 5
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. Jaibir Sharma son of Ombir Sharma, resident of House no. 18, Village Kherli Brahman, Tehsil Hathin, District Palwal. 2. Kripa Shankar Shukla son of Net Ram Sharma, resident of H. No. 4604, FF Housing Board Colony, Sector-3, Ballabgarh, District Faridabad. . . . .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 27.8.2015 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. Jaibir Sharma son of Ombir Sharma, resident of House no. 18, Village Kherli Brahman, Tehsil Hathin, District Palwal. 2. Kripa Shankar Shukla son of Net Ram Sharma, resident of H. No. 4604,
FF Housing Board Colony, Sector-3, Ballabgarh, District Faridabad.
. . . .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 27.8.2015 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 27.8.2015 passed by the named Sole Arbitrator Sh. J.N Yadav, District Judge(RETD.) the detailed particulars of which are stated hereunder:- -::-
(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 27.8.2015 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. 3,17,239/- alongwith interest @ to be recovered. 18% per annum w.e.f 17.3.2015 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. FARIDO209010003 dated 3.9.2012 against vehicle no. HR-47A-7727 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 27.8.2015 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.
