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2008 Supreme(Del) 308

RADHEY SHYAM
Jawahar Lal Nehru Hockey Tournament Society through its Secretary Shri Shiv Kumar Varma – Appellant
Versus
Radiant Sports Management (P) Ltd. through its Managing Director Shri Aushim Khetrapal – Respondent


Advocates appeared
For Appellant/Petitioner/Plaintiff: Sandeep Sharma, Adv.
For Respondents/Defendant: Anupam Srivastava, Adv. for objector in EA 213/2004 and R.C. Chopra, Adv. for Auction Purchaser

JUDGMENT

S. Ravindra Bhat, J.

1. The present order will dispose of all pending applications, i.e. EA Nos. 243/2002, 435/2002, 213/2004, 339/2004, 198/2005, 313/2006, 38/2008, 338/2004, 438/2002, 672/2003, 214/2004, 220/2004, 221/2004, 226/2004, 227/2004, 228/2004, 229/2004 and 109/2006.

2. The facts necessary to dispose of these applications are that the decree holder had invoked an arbitration clause in an agreement entered into with one M/s. Radiant Sports Management (P) Ltd. - (Judgment Debtor No. 1 in the present proceedings). An award was made in its favour on 24.8.1998. In terms of the award, decree holder was entitled to recover the sum of Rs. 11,05,000/- and Rs. 5,07,534/- as damages from 24.11.1996 till date of payment; in addition, the Arbitrator awarded interest at the rate of 15% per annum on the amounts payable on due dates till their realization with cost quantified at Rs. 25,000/-. The decree holder preferred the present proceeding, i.e. Execution Petition No. 38/2000 on 14.2.2000. In the body of the execution, the decree holder sought for attachment of immovable property bearing No. S-524, Greater Kailash-I, New Delhi, claiming that it was owned by the judgment debto






























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