- (1.) THE contour of the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that respondent No.1 Punjab State Cooperative Supply and Marketing Federation Limited (for brevity "the respondent -Markfed") had delivered paddy to respondent No.2 -M/s Mamdot Agro Private Limited (for short "the respondent -firm") for shelling/milling the rice, vide agreement dated 25.10.1996. The respondentfirm has misappropriated the paddy/rice, causing huge loss to the Markfed. Consequently, it lodged a claim of Rs. 83,51,853/ - before the arbitrator against the said firm. After following the due procedure, the arbitrator accepted the claim of Markfed and passed the award to the tune Rs. 83,51,853/ - along with interest at the rate of 18% per annum against the respondent -firm, by virtue of arbitral award dated 29.10.2004 (Annexure P7). Since the firm did not make the payment of indicated award, so, the respondent -Markfed filed the execution petition in the Court of Additional District Judge.
(2.) INSTEAD of making payment of the impugned amount, the respondent -firm fraudulently and in order to avoid the creditors, entered into a sham transaction of sale with petitioners Anju Chawla and Asha Chawla through registered sale deed dated 5.3.2013 (Annexure P3) (after about 81/2 years of the award).
(3.) THEREAFTER , the petitioners, claiming themselves to be subsequent vendees, have filed the objection petition (Annexure P8) in the execution petition. Taking into consideration the entire material on record, the executing Court dismissed the objection petition, by way of impugned order dated 6.7.2013 (Annexure P1) and ordered the sale of attached property, by virtue of impugned order dated 6.9.2013 (Annexure P2).;