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TMI Blog2019 (1) TMI 2034X X X X Extracts X X X X X X X X Extracts X X X X ..... n of liability inter se of the applicant and the decree holder as also the question as to in whose favour the award is to be executed are beyond the scope of the present OMP (Enf.). It is settled proposition of law that questions between two parties who both claim to represent the same party are beyond the scope of Section 47 CPC. Application disposed off. - SHARAD GUPTA (DHJS), JOINT REGISTRAR (JUDICIAL) For the Petitioner : None. For the Respondent : None. ORDER No.16379/2018 u/S 151 CPC moved by applicant Deepali Design and Exhibits Pvt. Ltd. Arguments already heard. Through the captioned IA, the applicant is seeking to file list of dates and synopsis beyond five pages and upto nine pages on the g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioned IA is only being considered regarding the prayer of the applicant to be impleaded as Petitioner/Decree Holder in OMP (Enf.) (Comm.) No.3/2016 u/O I R 10 CPC. Before proceeding any further, it would be appropriate refer to the factual matrix culminating in the captioned IA. a) Consortium agreement dated 19.12.2009 alongwith its addendum agreement dated 01.06.2010 were entered into between M/s Pico Hongkong Ltd. (here in after referred to as PHK) having its registered office at 4 DAI Fu Street Tai Po Industrial Estate, Hongkong as lead party, M/s Pico Event Marketing India Pvt. Ltd. an Indian company with its office at Pico Bhawan, Khanpur Extension, New Delhi and M/s Deepali Designs and Exhibits Pvt. Ltd. and Indian Company with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) (Comm.) 3/2016, in name of consortium by representative of the lead partner was filed for enforcement of the whole award, which was disposed of vide order of even date. h) On 23.05.2017, M/s Deepali Designs and Exhibits Pvt. Ltd. filed the execution petition OMP (Enf.) (Comm.) 75/2017 for enforcement of Arbitral Award for its scope of work, which is listed for 15.01.2019. i) The OMP (Enf.) (Comm.) 3/2016 was restored and is listed for 15.01.2019. Against the said factual background, the captioned IA has been filed. It is urged on behalf of the applicants that Pico Deepali Overlays consortium is a trade name only. That there is no authorization of M/s Deepali Designs Exhibits for filing of the execution petition. That being o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny independent proceedings was reserved. There is nothing on record to show that the said right was ever exercised by the applicant herein. Thus, the applicant was not impleaded as a co-claimant in the arbitration proceedings. C) The addendum agreement dated 01.06.2010 to the consortium agreement dated 19.12.2009 vide clause 2.4.1 gave full and sole authority to PHK to manage all aspects of JV in all matters relating to the entire project and to sign all papers etc. under its own signatures. Clause 2.4.2 further gave PHK full and sole authority to manage all financial matters of the JV including opening, operating closing of JV s bank account. Coming to the present adjudication, in my opinion, the captioned IA is liable to be dismis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts own name. Reliance can be placed on the ratio in Lalmani Kuer Vs. Raghubansi Devi AIR 1944 Patna 307 to the effect that a beneficiary who alleges himself to be the real decree holder has no locus to claim that he is entitled to execute the decree in his own name. iv) Further the addendum agreement authorise PHK to manage all aspects of JV and to have sole and full authority to manage all financial matters of the JV vide clause 2.4.1 2.4.2. Thus the argument that the present execution is without any authorization is also liable to be rejected. v) Furthermore, the question of liability inter se of the applicant and the decree holder as also the question as to in whose favour the award is to be executed are beyond the scope ..... X X X X Extracts X X X X X X X X Extracts X X X X
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