Legal provisions involved – SARFAESI Act, 2002, Order XXI Rule 102 of the Civil Procedure Code, 1908 and Section 34 and Section 36 of the Arbitration and Conciliation Act, 1996.
Judgement by: Supreme Court
Judge/Bench: Justice Pankaj Mittal, Justice S.V. N Bhatti
Facts
Cotton Corporation of India (CCI) raised an Arbitral dispute against Respondent No. 2 for recovery of sale price of cotton which was awarded in favour of the CCI. The award was further challenged before the Principal District Judge, Coimbatore and the same was dismissed.
Respondent no. 1 filed an Execution Petition for execution of the Arbitral award wherein the Court ordered conditional attachment of scheduled property of Respondent no. 2.
Key legal provisions
SARFAESI Act, 2002, Order XXI Rule 102 of the Civil Procedure Code, 1908 and Section 34 and Section 36 of the Arbitration and Conciliation Act, 1996.
Issues raised
- Whether sale in favour of Appellant was without notice.
- Whether the sale can be brought within the purview of pendente lite where arbitral award is for recovery of money.
Arguments of the case
Appellant argued that being an absolute owner/independent purchaser, Appellant cannot be treated as pendente lite purchaser. Respondents argued that the Appellant cannot defeat the right of Respondent no. 1 who is a post arbitral award purchaser.
Judgement
The Supreme Court held that Appellant is a purchaser post arbitral award for recovery of money and failed to discharge the onus of sale being without notice of the existing claims.
Click here to VIEW the full judgement.
