: 1 : chs-1334-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1334 OF 2010 IN EXECUTION APPLICATION (L) NO. 460 OF 2009 National Agricultural Co-operative Marketing Federation .. Claimant v/s. Swarup Group of Industries & Anr. .. Respondents ......... Mr. A.Y. Sakhare i/b Shashipal Shankar for the claimant Ms. Sonal with Prasad Das i/b Anju Mishra for the applicant / respondents ......... CORAM : R.Y.GANOO, J. DATE : 3rd FEBRUARY, 2011 P.C. : 1. The chamber summons is taken out by the respondents who are the judgment debtors in the interim award dated 3rd December, 2008 passed in arbitration proceedings. By this chamber summons, the judgment debtors wants that the execution proceedings initiated under Execution Application (L) No. 460 of 2009 be stayed. It is also prayed that execution proceedings be stayed till decision of the counter claim filed by the respondents in the arbitration proceedings. : 2 : chs-1334-10=.sxw 2. I have heard learned Counsel on both sides and I have perused the interim award dated 3rd December, 2008. A perusal of the said interim award goes to show that the judgment debtor was liable to pay to the judgment creditor a sum of Rs.104-25 crores. The said amount was to be paid in terms of transfer of certain properties as set out in clauses 1(a) to (d) of the said interim award. The judgment debtor was required to transfer various properties mentioned in clauses 1(a) to (d) within a period of 2 months i.e. the period was to expired on February, 2009. It is a common ground that the said period was extended for some more time and said extended period is also over. After this, the execution application has been lodged. Learned Counsel for the judgment debtor submitted that it is the judgment creditor who has not been co-operating for the purposes of transfer of various properties and that is how the execution application be stayed for smooth transfer in favour of the judgment creditor. 3. After having perused the entire record, I am inclined to observe that this chamber summons cannot be granted. Reasons are as follows. 4. The arrangement to transfer certain properties in favour of the judgment creditor for satisfaction of money decree to the extent of Rs. : 3 : chs-1334-10=.sxw 104-25 crores was an arrangement between the parties. As the said arrangement has not worked out for the reasons best known to both the sides, the money decree to the extent of Rs.104-25 croes became executable. This is so because the interim award does not specifically indicate that the executing Court should determine as to which party is a defaulting party. It is the specific stand of the judgment creditor that the office of the Superintendent of Stamps has carried out necessary job for the purposes of fixing the non-judicial stamp duty payable by the present judgment debtor and despite that judgment debtor is not coming forward to execute proper documents by affixing proper stamp duty. This will also show that the judgment debtor is postponing the issue of transfer. In any case, on account of expiration of specific time limit within which transfer of property was to be executed, the judgment debtor cannot take the benefit of arrangement i.e. to say “transfer certain properties” to the judgment creditor and have money decree to the extent of Rs.104-25 crores satisfied. Even otherwise, as per clause (f) monies to the tune of Rs.30-82 crores are required to be paid in cash or by transferring properties or other valuable securities. If the present stand of the present judgment debtor is accepted qua clauses (a) to (d), there is no compliance as regards payment of Rs. 30-82 crores . In view of this, I hold that the chamber summons cannot be granted. The chamber summons consists of two prayer. By : 4 : chs-1334-10=.sxw the aforesaid discussion, I have dealt with prayer clause (a). 5. So far as prayer clause (b) is concerned, the judgment debtor expects that till the decision of the counter claim filed by the judgment debtor the execution proceedings should be stopped. Learned Counsel for the judgment debtor could not show any provision by which said relief can be granted. What is sought is money decree and there is no stay of the execution of the interim award which is executable. For the reasons mentioned aforesaid, I am inclined to dismiss the chamber summons. 6. Chamber summons is dismissed accordingly. Judgment debtor Swarup Group of Industries and another to pay to claimants quantified cost of Rs.5,000/-. Cost condition precedent for future proceedings. (R.Y.GANOO, J.)