Case Note & Summary
The judgment concerns two chamber summonses arising out of an execution application. The first chamber summons was taken out by the decree holder, M/s. Manmohan Exims Pvt. Ltd., seeking amendment of the pleadings in Arbitration Case No. L/160/2001-2002 and the award/decree passed therein to correct the name of the respondent from 'M/s. Sarju International' to 'M/s. Sarju International Ltd.' The second chamber summons was taken out by M/s. Sarju International Ltd., a third party, seeking to set aside the warrant of attachment dated 1.10.2003 attaching its bank account with Canara Bank and its property 'Sarju House' in Andheri, Mumbai. The court heard counsel for both sides. The court allowed the amendment sought by the decree holder, holding that the misdescription of the judgment debtor could be corrected. Consequently, the court set aside the attachment of the third party's property, as the attachment was against a different entity. The court did not provide detailed reasoning in the oral judgment but granted the reliefs as prayed.
Headnote
A) Civil Procedure - Amendment of Decree - Misdescription of Party - Order 6 Rule 17, Section 152 Code of Civil Procedure, 1908 - The decree holder sought to amend the arbitration award and decree to correct the name of the judgment debtor from 'M/s. Sarju International' to 'M/s. Sarju International Ltd.' on the ground that the original name was a misdescription. The court allowed the amendment, holding that the power to amend pleadings and decrees to correct mistakes is inherent and can be exercised to ensure that the real controversy is adjudicated. (Paras 1-3) B) Civil Procedure - Attachment of Property - Third Party Rights - Order 21 Rule 58, Section 47 Code of Civil Procedure, 1908 - The third party applicant, M/s. Sarju International Ltd., sought setting aside of attachment of its bank account and property, contending that it was not the judgment debtor. The court held that since the decree was against 'M/s. Sarju International' and not the applicant, the attachment of the applicant's property was illegal and liable to be set aside. (Paras 2-4)
Issue of Consideration
Whether the decree holder can amend the arbitration award and decree to correct the name of the judgment debtor from 'M/s. Sarju International' to 'M/s. Sarju International Ltd.' and whether the attachment of property belonging to a third party (M/s. Sarju International Ltd.) is valid.
Final Decision
The court allowed Chamber Summons No.1030 of 2004, permitting the decree holder to amend the pleadings and award/decree to correct the name of the respondent from 'M/s. Sarju International' to 'M/s. Sarju International Ltd.' The court also allowed Chamber Summons No.1489 of 2003, setting aside the warrant of attachment dated 1.10.2003 attaching the bank account and property of M/s. Sarju International Ltd.
Law Points
- Amendment of decree to correct misdescription of party
- Order 6 Rule 17 CPC
- Section 152 CPC
- Attachment of property of third party
- Order 21 Rule 58 CPC
- Section 47 CPC
