On 27th March 2023, the Karnataka High Court addressed the issue of whether a judgment debtor could be arrested in proceedings for an arbitral award during a hearing for a petition filed by TejascoTechsoft Private Limited against The Principal Secretary & ANR.[1]

The court ruled that Order XXI Rule 11 of the Civil Procedure Code (CPC) requires the presence of the judgment debtor at the time of passing a decree for arrest. Without the judgment debtor being present within the precincts of the court, an oral application for arrest cannot be considered.

The court also noted that the CPC provides for a procedure to detain judgment debtors through Order XXI Rule 30. This rule lays down the steps that must be followed when arresting a judgment debtor, including the issuance of a warrant of arrest and the execution of the warrant by an authorized officer.