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TMI Blog2014 (6) TMI 1075X X X X Extracts X X X X X X X X Extracts X X X X ..... ion Nos. 441, 442, 444 & 445 of 2013 [filed by the Appellant/Applicant, under Section 9 of the Arbitration and Conciliation Act, 1996, praying for the appointment of Advocate Commissioners to seize and possess the hypothecated equipment and for the issue of a prohibitory order restraining the Garnishees from making payment to the borrower], had, among other things, observed that '..... While generating income for themselves out of the very same equipment, it is unfair on the part of the respondent to refuse to pay at least some portion of it to the applicant towards the bare minimum of admitted liability. In such circumstances, I have no alternative except to pass a prohibitory order' and resultantly, dismissed the Applications. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to the Appellant/Applicant/Plaintiff and in fact, in A. No. 5712 of 2013, the Learned Single Judge, on 10.02.2014, passed an order directing the Garnishees viz., the Respondents 2 to 6 therein, to bring into Court, the amounts, if any, due and payable by them to the 1st Respondent, to the extent of the admitted liability of Rs. 1,07,51,115/-, within a period of one week from today etc. 7. At this stage, the Learned Senior Counsel for the Appellant/Applicant/Plaintiff brings it to the notice of this Court that the Garnishee said that there is no money available. 8. That apart, the Learned Senior Counsel for the Appellant/Applicant submits that the Arbitration Award, in respect of 4 loan agreements, was passed on 03.07.2013 and in fact, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncrete Batching and Mixing Plant ii) 2011 Model 1 No: Allen Triple Roller Tube Paver Model 150 51,44,192/- 2. 61 of 2014 Bitumen Sprayer Plant and Machinery with its accessories 29,77,577/- 3. 62 of 2014 2010 Model Vibratory Compactor L & amp; T Case Model 752 5,69,470/- 13. According to the Learned Counsel for the Appellant/Applicant, the Respondent/Defendant is due and liable to pay nearly Rs. 4 Crores under 4 contracts and even after securing the Award, the Appellant/Applicant/Plaintiff is not in a position to realise its legitimate due amount to be paid by the Respondent/Defendant. 14. On a careful consideration of respective stand taken by the parties, this Court, without traversing upon the merits of the matte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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