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2021 Supreme(Bom) 1246

A.K.MENON
Tulika Devidayal – Appellant
Versus
Pradipkumar Laxmanbhai Patel – Respondent


Advocates appeared:
A.S. Pal, Advocate, Mehta & Padamsey, Advocate, Shardul Singh, Advocate, Vinod U Shinde, Advocate, Idris M Vohra, Advocate

JUDGMENT

A K Menon, J. - This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996. It is filed by the petitioner who has succeeded before the arbitral tribunal. The petitioner seeks post award relief of (i) disclosure of assets in accordance with Order XXI Rule 41 of the Code of Civil Procedure, 1908; (ii) appointment of Court Receiver; (iii) injunction restraining the respondents 1 and 2 from dealing with and disposing their assets and; (iv) freezing of the bank accounts and deposit of Rs.4,04,45,000/-.

2. Mr. Pal, the learned counsel appearing on behalf of the petitioner has contended that post-award relief under Section 9 can and may be granted in the aforesaid terms. Inviting my attention to the award, Mr. Pal submitted that the award is passed by consent and it specifically provides that immovable property described in Schedule-1 was agreed to be transferred to the petitioner under a registered Tripartite Agreement dated 5th September 2013 without payment of any consideration. Respondent no.1 had then agreed to sign all documents necessary for ensuring this transfer. Respondent no.1 also agreed to undertook to do all things necessary and bear all costs, c

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