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2025 DAILYLAW 43575 (MAD)

CMA CGM Logistics Park Dadri Pvt. Ltd. v. ETA General Pvt. Ltd.

A/2617/2025 · 2025-09-19

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A.No.2617 of 2025 IN E.P.DR.No.174177 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.09.2025 CORAM THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH A.No.2617 of 2025 IN E.P.DR.No.174177 of 2024 CMA CGM Logistics Park Dadri Pvt. Ltd. Rep. by its Director/CEO Tilpata Road, ICD Dadri Greater Noida, U.P. 20311 .. Applicant Vs. ETA General Pvt. Ltd. Rep. by its Director/Authorised Signatory ETA Star House, Old No.63, New No.71 Sterling Road, Nungambakkam Chennai 34 .. Respondent Application filed under Order XIV Rule 8 of the Original Side Rules read with Order XXI Rule 41(2) of the Code of Civil Procedure, 1908, to direct the respondent/judgment debtor to file an affidavit stating the particulars of the assets and other means for satisfying the Arbitral Award dated 20.03.2024. For applicant : Mr.Adarsh Ramanujan For respondent : No appearance 1/5 https://www.mhc.tn.gov.in/judis A.No.2617 of 2025 IN E.P.DR.No.174177 of 2024 O R D E R This application has been filed under Order XXI Rule 41(2) of the Code of Civil Procedure, 1908, read with the Original Side Rules for a direction to the respondent/judgment debtor to file an affidavit giving the particulars of the assets and other means for satisfying the arbitral award dated 20.03.2024. 2. The respondent has been served with notice and the name of the respondent has also been printed in the cause list and there is no appearance either in person or through counsel. 3. Heard the learned counsel for the applicant and perused the materials available on record. 4. It is seen from the records that the applicant filed a claim petition against the respondent and the learned sole Arbitrator, by an award dated 20.03.2024, awarded a total sum of Rs.65,92,982/-. The applicant was able to recover only a sum of Rs.43,23,636/-, by virtue of the sale of the air conditioners through 2/5 https://www.mhc.tn.gov.in/judis A.No.2617 of 2025 IN E.P.DR.No.174177 of 2024 auction. The balance sum of Rs.22,70,346/- has not been paid with interest. The respondent has also not challenged the award passed and thus, the award has become final. Under such circumstances, in the course of recovering the balance amount of Rs.22,70,346/-, the applicant wanted the respondent to give the particulars of the assets and other means to enable the applicant to proceed further. Accordingly, the present application has been filed before this Court. 5. The fact remains that the award has become final and a portion of the amount awarded has been recovered and there is balance of Rs.22,70,436/-, which has to be paid by the respondent along with interest. To recover this amount, the applicant requires the particulars of the assets. Since the respondent is not cared to appear before this court, there shall be a direction to the respondent to file an affidavit stating the particulars of the assets and other means on or before 17.10.2025. 6. This application is disposed of with the above direction. 3/5 https://www.mhc.tn.gov.in/judis A.No.2617 of 2025 IN E.P.DR.No.174177 of 2024 7. Post this application under the caption “for reporting compliance” on 17.10.2025. 19.09.2025 gya 4/5 https://www.mhc.tn.gov.in/judis A.No.2617 of 2025 IN E.P.DR.No.174177 of 2024 N. ANAND VENKATESH, J. gya A.No.2617 of 2025 IN E.P.DR.No.174177 of 2024 19.09.2025 5/5 https://www.mhc.tn.gov.in/judis