Sianet Satellite Communications Pvt. Ltd. vs Kerala Kaumudi (p) Ltd

Heard Ms. Shirin Khajuria, learned counsel for the decree holder and Mr. Aljo K Joseph, learned counsel for the Judgement Debtor.

During the pendency of the execution application some payments were made towards the decretal dues.  After noticing the same, while considering some issues raised on behalf of the Judgement Debtor on 18.8.2021, this Tribunal held that even after taking into account such payments, the judgement debtor is still liable to pay Rs. 3,47,69,747/- to the decree holder.  Observations were made as to adjustments to be allowed for TDS and future interest which the Judgement debtor will have to pay as per the decree.  Since the amount available in the attached bank account of the judgment debtor was not informed, the judgment debtor was directed to disclose that amount as well as pay the amount of TDS, if any, within three weeks by filing an affidavit.  That has not been done so far.  The said affidavit was also required to disclose other bank accounts, if any, as well as full details of the immovable properties so that effective order for attachment of those properties, if required, may be passed on the next date.  It was also ordered that if there is sufficient amount in the attached bank account the judgment debtor shall be issued a Demand Draft in the name of the decree holder for an amount not more than Rs. 3 Crores and that draft should be produced by the by the next date which was fixed as 23.9.2021. On 23.9.2021 nobody appeared on behalf of the respondent.  Learned counsel for the petitioner/decree holder had informed that respondent had approached Hon'ble Kerala High Court against the order of 18.8.2021.  She further informed that there is no interim order in that matter. She pointed out that the directions given on 18.8.2021 have not been carried out by the judgement debtor. On the request of the learned counsel a direction was issued to the concerned branch of Canara Bank to inform this Tribunal the amount available in the attached bank account for passing further suitable orders.

The office informs that so far as no information has been received from the bank.  The manager of the concerned branch of Canara Bank is directed to ensure that it reaches this Tribunal within 10 days from today and is also made available to the authorised representative of the petitioner if he approaches with due authorisation and a copy of this order.

Today learned counsel Mr. Joseph as well as learned counsel for the petitioner have informed this Tribunal that Writ Petition preferred against the order dated 18.8.2021 was last heard on 1.10.2021. The petition was admitted for further hearing but no date was assigned for its listing and no interim protection has been granted to the judgment debtor.

Learned counsel for the judgment debtor wants an adjournment on account of pendency of the Writ Petition.  Learned counsel for the decree holder wants action against the respondent for not complying with the directions given by this Tribunal on 18.8.2021.  According to him, the non-compliance is a deliberate violation of orders passed on 18.8.2021 and therefore appropriate penalty needs to be imposed.  She also wants effective orders for realisation of money which is available in the attached bank account.

A last opportunity is granted to the judgment debtor to show compliance with the directions contained in order of 18.8.2021 because clearly the Writ Petition has been admitted but without any interim order and no date of hearing has been fixed. In such circumstances, if the directions are not complied within further period of two weeks from today then it shall be presumed that judgment debtor has no valid defence but still it is bent upon to disregard the order.  In such event, appropriate penalty for continued disobedience may have to be imposed upon respondent/judgement debtor.

If there is continued dis-obedience, the bank itself may have to be directed to pay an appropriate amount to the decree holder.  For this purpose, the decree holder should furnish details of its bank account to which money, if required, may be transferred.

Post the matter under the same head on 27.10.2021.