S.S.NIJJAR, BISWANATH SOMADDER
D. V. M. Construction – Appellant
Versus
Srei Infrastructure Finance Ltd – Respondent
(1) We have heard the learned counsel for the parties at length. We have also perused the records. The appellants have impugned the order dated 27-1-2009 by which it has been directed that since the appellants were deliberately absent from the Court in spite of opportunity being granted on two separate occasions i.e. 21-1-2009 and 27-1-2009 the direction issued in the order dated 28-11-2008 be implemented. The matter was made returnable on 17-2- 2009.
(2) On a perusal of the pleadings in the petition it transpires that the respondent had initiated execution proceedings against the appellants for execution of decree being ex parte arbitral award dated 13-1-2006 made and published by the arbitrator. It also transpires from the pleadings of the appellants that a preliminary objection was raised with regard to the territorial jurisdiction of this Court in receiving the execution application in view of Section 39(4) of the Code of Civil Procedure. Prior to such objection being raised, the Trial Court had already passed an order in 28-11-2008. In this order it is noticed, that by order dated 6-11-2008, judgment debtor No. 2 was directed to present herself for examination. None
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