MAGMA FINCORP LIMITED Vs. LORDS POLYMER (I) PVT. LTD. AND ANOTHER
LAWS(CAL)-2012-1-325
HIGH COURT OF CALCUTTA
Decided on January 09,2012

MAGMA FINCORP LIMITED Appellant
VERSUS
Lords Polymer (I) Pvt. Ltd. And Another Respondents

JUDGEMENT

SANJIB BANERJEE, J. - (1.) This is a post-award petition under Section 9 of the Arbitration and Conciliation Act, 1996. The respondents are not represented despite service.
(2.) The petitioner says that the present petition has been carried to Court despite the respondents' challenge to the arbitral award remaining pending since the petitioner apprehends that the respondents may have challenged the award only to get time and to delay the realisation of the petitioner's just dues. It appears that in previous proceedings under Section 9 of the 1996 Act, two of the vehicles that formed the subject-matter of the agreement between the parties have been sold by the Receiver appointed by Court. Even the sale proceeds have been made over to the petitioner with a direction, however, to deposit the same in a separate account. To such extent, the petitioner's claim has already been secured.
(3.) The primary prayer in the present application is for a direction on the respondents to furnish security to the extent that the sale proceeds fall short of the amount awarded in the reference. The petitioner has also sought affidavits from the respondents for disclosing their assets.;


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