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RMT. TEEKAA RAMAN
V. Gudipalli Sai – Appellant
Versus
Sundaram Finance Limited, Rep. By its Senior Manager Legal, Chennai – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 37 of the Arbitratio and Conciliation Act, 1996, against the order dated 03.02.2022 made in I.A.No.87/2019 in Arbitration Case No.VKT/SF/08/2019 and Contract No.M004000740 before the Sole Arbitrator V.K.Thirunavukkarasu, Chennai.)
1. This Civil Miscellaneous Appeal is filed under Section 37 of the Arbitration and Conciliation Act, 1996 to set aside the order made in I.A.No.87 of 2019, whereby, the Sole Arbitrator has refused to raise the attachment before judgment passed by him.
2. The short facts that are necessary for determination of this Civil Miscellaneous Appeal, is as under.
(a) The Arbitral proceedings were initiated between the 1st respondent and respondents 2 to 6 in proceedings in Arbitration Case No.VKT/SF/08/2019 before the Sole Arbitrator V.K.Thirunavukkarasu, Chennai. The learned Arbitrator passed an order of attachment before Judgment and Schedule ''3'' refers to the property.
(b) Since an entry/encumbrance had been created, the appellant filed an application in I.A.No.87 of 2019 in Arbitration Case No.VKT/SF/08/2019 before the learned Arbitrator substantiating hi
A transfer made with knowledge of an attachment before judgment can be contested as fraudulent under Section 53 of the Transfer of Property Act.
The main legal point established in the judgment is that a claim petition filed under Order XXI Rule 58 of CPC shall be adjudicated upon as if it is a regular suit, and any adjudication on the rights....
Fraudulent transfer of property to defeat the rights of a creditor can be voidable, justifying attachment under the Civil Procedure Code.
Debt can be defined as an obligation to pay an ascertained sum of money, and therefore, a claim for compensation does not come within that purview.
Civil courts are enjoined to consider disputes between parties and when substantive rights are created and such rights are being flouted, it is for civil court to consider respective contentions and ....
Rule 58 of Order XXI C.P.C., which is extracted as adjudication of claims to or objections to attachment of property.
Collusive transfer to defeat creditor voidable under execution proceedings despite preceding attachment if lacking bona fides.
An order of attachment in arbitration proceedings may be vacated by the Court when the parties have reached a post-award settlement and the respondent consents to the request.
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