Technobile System Pvt Ltd vs Trimurti International Network & Anr

Learned counsel for the decree holder is permitted to file reply to M.A. No. 28 of 2021 during the course of the day, as prayed. A copy of the reply

has been served on the other side only today. As prayed, two weeks' time is granted for filing rejoinder in respect of reply to the M.A. no. 28 of

2021.

From the submissions advanced on behalf of decree holder and on behalf of the judgment debtor, it is clear that no settlement could be reached

between the parties on the basis of offer made by the decree holder which is indicated in the last order or a subsequent counter offer by the

judgment debtor.

According to learned counsel for the decree holder, it will in the interest of justice to pass further interim orders so that atleast a part of the decree

under execution may stand satisfied on the basis of offer of the judgment debtor recorded in the order passed on 3.12.2020.

In that order it is indicated that the judgment debtor has refused to pay anything towards interest except a small amount of Rs. 5.5 lakhs and has

also disclosed that 5700 STBs are available with it. Whether the STBs are in a working condition or not remains to be verified. But this Tribunal

noted that no settlement could be arrived in EA No. 10 of 2019. The Tribunal directed the judgment debtor in EA No. 10 of 2019 not to alienate or

part with 5700 STBs until further orders.

At the present juncture, considering the stand of the parties, all reasonable steps have to be taken for satisfaction of the decree under execution.

Hence, learned Advocate Commissioner, Mr. Kumar Shashank Shekhar is requested now to proceed to take possession of the attached assets of the

respondent / judgment debtor including 5700 STBs indicated above. The purpose of taking possession of the assets of the judgment debtor /

respondent is to realise the best value of the same by arranging for its sale in a fair manner at the best price available. Efforts should be made to

achieve the said result without loss of time.

Both the parties are directed to cooperate. Considering the present stand of the judgment debtor that it does not have any asset or money even to pay

towards the fees of the learned Advocate commissioner, for the time being his expenses and part of fees shall be paid by the decree holder and the

balance shall be paid out of the proceeds from the assets of the judgment debtor.

Post the matter for further directions and for consideration of M.A. No. 28 of 2021 on 5.5.2021 under the same head.Â