R.SUBRAMANIAN,J. - (1.) The Application Nos.3047 to 3050 of 2018 in EP Nos.11 and 12 of 2017, seeking the following reliefs: (i) To prohibit the 2nd Garnishee Bank, from parting with the funds lying in Site Restoration fund Deposits (14 accounts) bearing CIF No.85024991365, as described in the schedule hereto, of which the Judgment Debtor is the sole account holder and further direct the 2nd Garnishee Bank to deposit the funds lying in the accounts to the credit of the present execution petition hereto under Order 21, Rule 12 and 46 A of the Code of Civil Procedure, 1908. (ii) To detain the authorized signatory of the judgment debtor Mr.Sankalp Mitra in Civil prison as mandated under Order 21, Rule 41(3) of the Code of Civil Procedure 1908, for concealing the details of the bank accounts in the letter dated 06.05.2016 and violating the order dated 27.04.2016. (iii) To detain the authorized signatory of the judgment debtor Mr.Sankalp Mitra in Civil prison as mandated under Order 21, Rule 41(3) of the Code of Civil Procedure 1908, for concealing the details of the bank accounts in the letter dated 06.05.2016 and violating the order dated 27.04.2016. (iv) To prohibit the 2nd Garnishee Bank, from parting with the funds lying in Site Restoration fund Deposits (14 accounts) bearing CIF No.85024991365, as described in the schedule hereto, of which the Judgment Debtor is the sole account holder and further direct the 2nd Garnishee Bank to deposit the funds lying in the accounts to the credit of the present execution petition hereto under Order 21, Rule 12 and 46 A of the Code of Civil Procedure, 1908.
(2.) These applications arise in Execution proceedings. The applicant/decree holder had succeeded in obtaining awards for payment of money against the respondent in arbitration proceedings. The awards came to be passed on 25.08.2015 and additional awards were passed on 25.10.2015. It is not in dispute that applications filed under section 34 of the Arbitration and Conciliation Act, 1996, seeking to set aside the awards were also dismissed. Subsequent there too, the present Execution Proceedings were launched by the applicant/decree holder. Pending the Execution proceedings the applicant/ decree holder filed Application Nos.8191 to 8193 of 2015 seeking a direction to the respondent to furnish security towards the award amount and also to pass an order directing the respondent to make a truthful disclosure of its assets in India.
(3.) By an order dated 23.03.2016, this Court allowed the applications. Insofar as the Application No.8191 of 2015 is concerned this Court after referring to Order 21, Rule 41 of the Civil Procedure Code, directed the respondent/judgment debtor to furnish the details of assets. In the other two applications, the respondent was directed to furnish security for the award amount. This common order was challenged by the respondent/judgment debtor in OSA Nos.101 to 102 of 2016. A Division Bench of this Court up held the direction to furnish details of assets. As regards the applications to furnish security the order was modified. Thereafter, the respondent by its letter dated 06.05.2016 made a disclosure of its assets along with Bank account numbers. However, on 03.02.2018, the 2nd respondent namely, the garnishee (State Bank of India) filed an affidavit stating that the judgment debtor has got 14 other Accounts with the State Bank of India and large sum of money was available in the said Accounts. Thereafter, the applicant/decree holder filed Application Nos.3047 to 3050 for the aforesaid reliefs. All these applications were disposed of by a common order dated 06.06.2018. Taking note of the objection of the judgment debtor that the Site Restoration Fund, which was subject matter of the Applications in Application Nos.3047 and 3050 of 2018, cannot be attached as the same cannot be used for any other purposes except for the restoration of the Site, on completion of the drilling operations.;