A.No.3686 of 2023

Application No.3686 of 2023

in

Application No.2195 of 2023

ABDUL QUDDHOSE, J.

AST Enterprises Inc.,

Rep. By its Law Officer

Mr.Shaunak Hitesh Sayta,

Dubai, UAE.

Also at, Napean Sea Road,

Mumbai – 400 006.

... Applicant

Versus

Qualit Agro Processors

Mr.K.Valliyinselvan, Sole Proprietor,

Plot No.82, CCCL Peral City Foodport,

Sekkarakudi,

Tuticorin – 628002.

... Respondent

This application has been filed under Order XXI Rule 41(3) of the

Civil Procedure Code (CPC) to detain the respondent in Civil Prison for

disobeying the order of this Court dated 08.06.2023 passed in A.No.2195 of

2023 in E.P.DR.No.120185 of 2022.

2. The applicant is having a foreign arbitral award dated 12.10.2018

in its favour against the respondent. Since the respondent had failed to

satisfy the foreign arbitral award, the applicant had filed an application

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under Section 47 of the Arbitration and Conciliation Act, 1996 (in short “the

Act”) in Arb.O.P.No.117 of 2021 and this Court, vide its order dated

20.10.2021, allowed the said petition and declared the said foreign arbitral

award to be a decree of this Court under Section 49 of the Act. The decree

passed in favour of the applicant under Section 49 of the Act has now

attained finality, as no challenge has been made to the same by the

respondent.

3. The applicant had earlier filed an application under Order XXI Rule

41(2) of CPC in A.No.2195 of 2023 in E.P.DR.No.120185 of 2022 seeking

for a direction to the respondent to disclose his assets/liabilities. In the said

application, the respondent was served with a notice, but, despite the same,

he had failed to defend the said application by entering appearance and

raising objections if any. This Court, by its order dated 08.06.2023, allowed

the said application as prayed for by directing the respondent to disclose his

assets/liabilities on or before 27.06.2023. The said order dated 08.06.2023

was also served on the respondent. But, despite the same, the respondent

has not till date disclosed his assets/liabilities in compliance with the

directions of this Court dated 08.06.2023.

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4. Since the respondent has disobeyed the order of this Court dated

08.06.2023 passed in A.No.2195 of 2023 in E.P.DR.No.120185 of 2022

under Order XXI Rule 41(2) of CPC, the applicant has filed this

consequential application under Order XXI Rule 41(3) of CPC seeking for a

direction to detain the respondent in Civil Prison.

5. Despite the service of notice, no one has entered appearance on

behalf of the respondent even in this application. Even in the earlier order

passed by this Court dated 08.06.2023, the respondent remained

unrepresented despite receiving notice in the said application.

6. Order 21 Rule 41 of CPC is extracted hereunder:-

41. Examination of judgment-debtor as to his

property.-

(1) Where a decree is for the payment of

money the decree-holder may apply to the Court for

an order that-

(a) the judgment-debtor, or

(b) any officer thereof, or

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A.No.3686 of 2023

(c) any other person, be orally examined as

to whether any or what debts are owing to the

judgment-debtor and whether the judgment-debtor

has any and what other property or means of

satisfying the decree; and the Court may make an

order for the attendance and examination of such

judgment- debtor, or officer or other person, and

for the production of any books or documents.

(2) Where a decree for the payment of money

has remained un-satisfied for a period of thirty

days, the Court may, on the application of the

decree-holder and without prejudice to its power

under sub-rule (1), by order require the judgment-

debtor or where the judgment-debtor or where the

judgment-debtor is a corporation, any offi