Sun Distribution Services Private Limited vs E-infrastructure And Entertainment India Pvt. Ltd. And Anr

Learned counsel for the petitioner in E A No. 9 of 2020 preferred by Sun Distribution Services Pvt. Ltd. submits that Mr. Sachin Narayan has preferred a Writ Petition before the Karnataka High Court against his impleadment in this matter and that petition is scheduled to be listed before the High Court on 5.10.2021.  It appears just and proper that further steps for execution of the decree for Rs. 22.20 crores be taken after that date.  Petitioner should inform this Tribunal on the next date whether there is any stay order operating in favour of Mr. Sachin Narayan. Only then effective steps for execution against all the respondents would be proper otherwise steps have to be taken only against respondent nos. 1 and 2.

Learned counsel for the petitioner-Sun Distribution submits that B P No. 221 of 2020 involves a claim for much higher amount than what has been granted vide order dated 20.7.2020.  Now when the respondents have stopped appearing and contesting the petitions or the Execution Application, the petition itself may be finally disposed of in respect of entire claim by proceeding ex-parte.  The earlier orders passed in the main petition and those in Execution application disclose that the respondents have chosen not to appear after their lawyers appearing earlier were permitted to withdraw from this proceeding.   Such non-appearance in spite of notice and knowledge leave no option but to hear this execution case as well as the petition ex-parte.  On the next date B P No. 221 of 2020 be also listed alongwith this EA for considering all the issues and for disposal, if possible.

Post the matter under the same head on 22.11.2021.

It is expected that issues shall be settled in the Court of Registrar before the next date.

B P No. 287 of 2020 and B P No. 621 of 2020 which are connected to this petition have been preferred by Welworth Software Pvt. Ltd. Counsel for the petitioner appearing in these matters sought their discharge and the prayer was allowed on 30.7.2021.  Thereafter, even after notice, the petitioner has not cared to appear through any representative or Advocate. Nobody is present even today to press those petitions. .

Both petitions are dismissed as not pressed. They are disposed of with pending M.As, if any.