CEP No. 4/2024 in AC No. 21C/IFC/2015/9442 Commercial Court, Visakhapatnam, dt. 23. 07. 2024

FAIR COPY

IN THE COURT OF SPECIAL JUDGE FOR TRIAL AND DISPOSAL OF COMMERCIAL DISPUTES: VISAKHAPATNAM

Present: Sri P. Kesavacharyulu Special Judge for Trial aND Disposal of Commercial Disputes, Visakhapatnam Tuesday, this the 23rd day of July, 2024

CEP No. 4/2024 in AA No. 21C/IFC/2015/9442

Between:

M/s. Jupiter Contech Private Limited, (Formerly known as Konark Foundations Private Limited), 1-83-14/2, 2ND floor, Sector-3, MVP Double Road, MVP Colony, Visakhapatnam-530017, Andhra PradeSh. . . . Petitioner/Decree Holder

AND:

The Chairman, Visakhapatnam Port Trust (VPT), Visakhapatnam-530035. . . . Respondent/Judgment Debtor This petition came up on 09. 07. 2024 for hearing before me in the presence of Sri Y. Markandeyulu (AP/5427/1999), advocate for petitioner/decree holder along with M/s. G. Ramachandra Rao (AP/886/2003), aND of Sri S. NageSh. Kumar, Smt. . V (G). Vijaya, Advocates for Respondent/Judgment Debtor aND this matter having heard aND stood over for consideration till this day, this Court made the following:

O R D E R

Claimant who obtained an Award from the facilitation council filed this EP for realization of the award amount by attachment of the bank account of the respondent/Judgment Debtor under Order XXI Rule 43A of the Code of Civil Procedure.

• 2. 10. Dr filed counter affidavit opposing the petition.
• 3. Heard the learned counsel for both sides.

4. Now the point for consideration is, whether attachment can be ordered or not?

Point

5. All the contentions in the counter affidavit are touching the merits of the Award which can be dealt with only in an appropriate petition aND not in this EP. CEP No. 4/2024 in AC No. 21C/IFC/2015/9442 Commercial Court, Visakhapatnam, dt. 23. 07. 2024

6. Such a petition is admittedly filed under Section 34 of the Arbitration aND Conciliation Act, 1996 before the Commercial Court at Vijayawada. Today learned counsel for J. Dr. filed a memo that an interim application filed by it under Section 34 of the said Act before the said Court is posted to 30. 07. 2024 for orders. But no order of stay is passed as of now aND since J. Dr has been granted sufficient time over several months in this EP, EP can proceed. No other contention is raised by J. Dr.
7. In the memo GR. No. 1094, dated 09. 07. 2024, with copy to learned counsel for D. Hr, J. Dr stated that it deposited Rs. 66, 03, 30, 066/- being 75% of the awarded amount under Section 19 of the MSMED Act in the said Court. This is not disputed by D. Hr. Hence, out of the EP claim for Rs. 97, 69, 30, 326/-, only for the balance amount of Rs. 31, 66, 00, 260/- attachment can be ordered.
8. Quoting a wrong provision cannot be a grouND to reject the EP. In these circumstances, attachment can be ordered for the aforesaid amount. Point is accordingly answered.

CEP No. 4/2024 in AC No. 21C/IFC/2015/9442 Commercial Court, Visakhapatnam, dt. 23. 07. 2024

9. In the result, there shall be attachment of an amount of Rs. 31, 66, 00, 260/- (Rupees thirty one crores, sixty six lakhs, two hundreds sixty only) lying in the account of the J. Dr shown in the schedule on payment of process fee by D. Hr. Dictated to the Stenographer grade-III, transcribed by her, corrected aND pronounced by me in the open court this the 23rd day of July, 2024. Sd/- xx, P. Kesavacharyulu, KESAVA CHARYULU PEDAPUDI Special Judge for Trial & Disposal of Commercial Disputes, Visakhapatnam

APPENDIX OF EVIDENCE

--NIL-- Sd/- xx, P. Kesavacharyulu, KESAVA CHARYULU PEDAPUDI Special Judge for Trial & Disposal of Commercial Disputes, Visakhapatnam

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References: Case Number - CEP/4/2024 | Case Type - CEP | CNR Number - APVS000013882024 | Complex Name - Pdj Court Visakhapatnam | Court Name - 14-sri. D.vijay GOUTAM-SPECIAL JUDGE FOR TRIAL AND DISPOSAL OF COMMERCIAL DISPUTES | Filing Date - 09-02-2024 | Judge Name - 14-Special Judge For Trial And Disposal Of Commercial Disputes | List Date - 2025-06-20 | Order Date - 2024-07-23 | Order Number - 1 | Petitioner Advocates - G. Ramachandra Rao | Petitioner Parties - M/S.Jupiter Contech Private Limited (Formerly Known As Konark Foundations Private Limited) Advocate - G. Ramachandra Rao | Respondent Parties - The Chairman, Visakhapatnam Port Trust | Status - Cep