EA (OS) No. 340/2013

1. The above captioned petition has been filed under Section 36 of the Arbitration and Conciliation Act, 1996 for enforcing the arbitral award dated 24.07.2000 entered in favour of the Decree Holder (DH) and against the Judgment Debtor (JD) described as “Saraswathi Chemicals, Proprietors Sawaswati Leathers Chemicals (P) Ltd.”

2. This is an application filed on behalf of the DH, inter-alia, praying for amending the execution petition. Essentially, the DH seeks to implead the Directors of JD Shri Shanker Mundhra, Shri Vijay Mundhra, Shri Krishan Mundhra and Shri Arun Mundhra, all sons of Late Shri G.D. Mundhra as JD Nos. 2, 3, 4 & 5.

3. The DH alleges that the JD is essentially a concern of the Mundhra family and all sons of Late Shri G.D. Mundhra are involved in the business. It is further alleged that the DH had acted on the representations of the Late Shri G.D. Mundhra and Shri Krishan Mundhra and, consequently, Shri Krishan Mundhra and legal heirs of Late G.D. Mundhra are responsible for satisfying the arbitral award.

4. The DH has also alleges that the proposed JDs have siphoned off the assets of the JD company and, therefore, ought to be held responsible