High CourtsSingle Bench(2019) 07 CHH CK 0166

Shambhu Singh vs Cholamandalam Investment And Finance Company Ltd. And Ors

Chhattisgarh High Court · Decided on 26 July 2019

HON’BLE JUDGES
Sanjay K. Agrawal, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition 227 No. 587 Of 2019

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Judgment

7 paragraphs · 222 words

Sanjay K. Agrawal, J

1.

The petitioner herein is a judgment debtor against whom respondent No. 1 has filed an application under Section 36 of the Arbitration and Conciliation Act, 1996 before District Judge, Raipur for execution of the award amount which is pending consideration since 21/12/2016. Petitioner, by way of the present writ petition, has challenged the order dated 27/06/2019 passed in Execution Case No. 10/2019 by which petitioner's application under Section 151 of the CPC has been rejected by learned 4th Additional Judge Raipur to 1st Additional District Judge, Raipur.

2.

Learned counsel for the petitioner submits that learned Court below is absolutely unjustified in rejecting petitioner's application under Section 151 of the CPC by the impugned order which deserves to be set aside.

3.

I have heard learned counsel for the petitioner, considered his submissions and perused the records.

4.

Petitioner is granted the liberty to file a fresh application making specific objection against the executability of the award amount which will be considered strictly in accordance with law by the executing Court, after hearing the petitioner and the decree holder.

5.

With the aforesaid observations, this writ petition stands disposed of at the motion stage without noticing to the other side. No cost(s).

6.

A copy of this order be sent to the concerned executing Court by e-mail/fax.