Indira Banerjee, J. - (1.) This appeal is against a judgment and order dated 20th May, 2011 passed by the Hon’ble single Bench in GA No. 20 of 2011, relating to proceedings for execution of an arbitral award being EC No. 142 of 2009, whereby the learned single Bench declined the prayers of the appellants for examination of the judgment-debtors, by summoning the judgment-debtors to this Court and simply adjourned the execution applications till such time as appropriate applications were made for transfer of the deemed decrees to the appropriate executing fora.
(2.) In or about November, 2007, the appellant filed a petition in this Court, being AP No. 381 of 2007, under Section 9 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the 1996 Act. The said application under Section 9 was entertained and a Receiver was appointed over the assets being the subject-matter of arbitration. The said application was ultimately disposed of by an Order dated 11th March, 2009. The assets in question remained in the possession of the Receiver. As pointed out by Mr. S.N. Mukherjee, Senior Advocate appearing on behalf of the appellant, it is nobody’s case that this Court lacked jurisdiction to entertain or decide the said application.
(3.) While the application being AP No. 381 of 2007 was pending in this Court, the disputes which had arisen between the parties were referred to arbitration, and an arbitral award was passed in favour of the appellant on 11th March, 2008.;