IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (109) CR-5999-2024 (O&M)

Decided on : 19.03.2025 M/s ISM Focal Point ……Petitioner Versus M/s Medico Abroad ……Respondent CORAM : HON'BLE MS.JUSTICE LAPITA BANERJI Present: Mr.Raaj Malhotra, Advocate (through VC)

Mr.Mukul Gupta, Advocate, for the petitioner. Mr.Ritesh Chowdhary, Advocate (through VC)

Mr.Haneesh Kumar, Advocate, for the respondent.

LAPITA BANERJI, J. (Oral)

CM-5318-CII-2025 This is an application for placing on record documents as Annexures P-28 to P-33 on behalf of the petitioner.

Accordingly, application CM-5318-CII-2025 is allowed. Said annexures are taken on record, subject to just exceptions.

CM-18368-CII-2024 in/and CR-5999-2024

1. Under challenge in the present revision petition are orders dated July 11, 2019 (Annexure P-1), October 3, 2024, August 23, 2024 and July 3, 2024, passed by the learned Addl.District Judge, Gurugram in Execution Petition No.1046/2019.

2. By filing of Civil Misc. application being CM-5318-CII-2025, the petitioner-applicant has placed on record orders dated October 25, 2024 (Annexure P-28), October 28, 2024 (Annexure P-29), November 20, 2024 (Annexure P-30) and December 17, 2024 (Annexure P-31). Learned counsel for the applicant submits that the decree-holder should secure the decretal-awarded amount which has already been disbursed to them during the pendency of the application under Section 34 of the Arbitration & Conciliation Act, 1996 (for short, the ‘1996 Act’) before the Addl.Chief Judge, City Civil Court at Telengana.

3. Learned counsel appearing on behalf of the petitioner/judgment-debtor submits that unless the awarded amount is secured by the decree-holder, the judgment-debtor will suffer irreparable loss, injury and prejudice, in the event, the Court in Telangana hearing the application under Section 34 of the 1996 Act sets-aside the award.

4. Issue notice.

5. Mr.Ritesh Chowdhary, Advocate appearing through Video Conferencing on behalf of the respondent/decree-holder, accepts notice and submits that the judgment-debtor has left no stone unturned to deprive the decree-holder from enjoying the fruits of the arbitral award dated December

18, 2010 (Annexure P-6).

6. This Court has heard learned counsel for the parties and perused the material on record.

7. Certain facts transpire from perusal of the said record which are narrated hereinunder:-

(i) The arbitral award was passed in favour of the respondent/award-holder on December 18, 2010. An application under Section 34 of the 1996 Act was filed by the petitioner/judgment-debtor on March 5, 2015 before the City Civil Court, Telengana.

(ii) An execution application was filed by the respondent/award-holder in 2019 being EA No.5 of 2019 before the Telengana Court and later the same was transferred to the Court of Addl.District Judge, Gurugram as assets were situate within the territorial jurisdiction of the District Court at Gurugram. The present execution application EXE 1046 of 2019 is before the District Court, Gurugram. Warrants of attachment were issued on July 11, 2019.

(iii) An application for stay of operation of the award was made by the petitioner/judgment-debtor under Section 36(2) of the

1996 Act.

(iv) Vide order dated July 3, 2024, the Executing Court directed payment of 50% of the awarded amount for setting aside of the ex parte directions passed vide order dated July 11, 2019 in the execution proceedings. Despite the said opportunity, nothing was deposited by the judgment-debtor. On August 8, 2019, application was made for setting aside of the ex parte order.

(v) Challenging the ex parte order dated July 11, 2019, the petitioner/judgment-debtor moved to Supreme Court. The Hon’ble Supreme Court had initially granted stay of the execution proceedings but the application before the Apex Court was withdrawn by the judgment-debtor on October 18, 2022.

(vi) It was recorded by the Executing Court that several opportunities were given to the judgment-debtor to address arguments but same