- (1.) It appears thatthe decree -holder was notdiligent in pursuing its claim in execution. 12th OnAugust 2013, an orderwas passeddirectingthe Receiver to remain in possession of the asset in question for a period of four months from that date and the judgment debtors were restrained from creating any third party interest in respect of the said asset subject to any order that may be passed in the possible execution proceedings upon any award being passed. An award was passed on 7th February 2014.This execution application was filed on 25th February 2015.
(2.) The award seems to have been communicated by the Arbitrator on 3rd March 2014 and it appears from the postal endorsements that the said award could not be served upon the judgment debtors as the envelope containing the award was returned with the remark "insufficientaddress" insofaras thejudgement -debtor No.1is concerned and so far as the judgement -debtor No.2 is concerned it was returned with the endorsement "left".The said award appears to havebeen sent at thelastknown address of the judgment debtors.
(3.) The award holder is in possession of the asset in question.;