State Of Punjab And Others vs Jagdeep Singh And Another

Gurvinder Singh Gill, J

The instant revision petition is directed against order dated 21.7.2023 vide which the learned Court of Additional District Judge seized with petition filed under Section 34 of the Arbitration and Conciliation Act, has dismissed an application for preponement of the case, moved on behalf of the petitioners/State of Punjab and has also observed that the petitioners are making attempts to get an ex-parte stay order as the execution in respect of the award in question was fixed for 24.7.2023. Learned Additional District Judge, further observed that the petitioners/objectors could request the executing Court to ask the decree holder to furnish security of the amount at the time of releasing the same. The matter as such was adjourned to be taken up on the date already fixed.

Learned counsel for the petitioners submits that since the executing Court is proceeding at a fast pace, the very purpose of petition under Section 34 of the Act may be rendered redundant inasmuch as once the amount is released to the decree holder, it will be very difficult for the petitioners to recover back the same.

This Court has considered the rival submissions.

Since, it has been informed that the petition under Section 34 of the Act was time barred and a delay condonation application has already been filed which is still to be considered, this Court deems appropriate to dispose of the petition by issuing directions to the Court of learned Additional District Judge, to consider and dispose of the application for condonation of delay expeditiously, preferably within a period of 2 weeks from today. In case, sufficient reasons are found to be there for condonation of delay and delay is condoned, the Court concerned shall further proceed with the matter expeditiously, in accordance with law.