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2016 Supreme(Online)(KER) 483

HIGH COURT OF KERALA
K.HARILAL, J
M/S SHRIRAM TRANSPORT FINANCE CO LTD – Appellant
Versus
NOUFAL – Respondent


O R D E R

The petitioner herein is the petitioner/

claimant, in E.A. No.31 of 2016 in A.O.P. No.15 of 2013, on the files of the District Court, Thalassery, and the respondent is the respondent therein. An arbitration award has been passed in A.O.P. No.15 of 2013, directing the respondent herein to pay to the petitioner a sum of `10,09,983/- with interest at the rate of 12% per annum from 26.09.2012, till the date of realisation with cost of `4,405/-. The petitioner filed Execution Petition No.13 of 2016, before the District Court, Thalassery under Order XXI Rules 11, 37 and 38 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the C.P.C.')for executing the award by arrest and detention of the Judgment Debtor in civil prison.

2. During the pendency of the said Execution Petition, he came to know that the respondent herein holds landed properties. In that context, he filed another Execution Petition under Order XXI Rules 54, 64 and 66 of the C.P.C., for execution of the decree by attachment, proclamation and sale of the immovable property belonging to the respondent herein. The office of the District Court has not numbered the said Execution Petition. Feeling aggrieved,

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