This court dismissed a writ petition challenging the attachment of the petitioner's accounts directed by the District Judge in execution of a 1999 arbitration award in favor of the respondent. No interim order was granted in the previous writ challenge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 2
Case :- WRIT - C No. - 6733 of 2018
Petitioner :- Garrison Engineer (West Mathura Cant) And Another Respondent :- M/S Chob Singh And Company And Another Counsel for Petitioner :- Akhilesh Kumar Rai
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Akhilesh Kumar Rai for the petitioner.
The writ petition has been filed against the order of District Judge dated 30.8.2017 by which he had directed for attachment of the account of the petitioner.
There was a dispute between the petitioner on the one hand and M/s Chob Singh and Company, respondent-1 on the other hand. The dispute was referred for arbitration in which the Arbitrator has passed the award dated 30.1.1999 in favour of respondent-1. The petitioner filed an objection under Section 34 of Arbitration and Conciliation Act, 1996. The application was ultimately dismissed in default on 4.9.2000. The petitioner filed an application for recall of the order dated 4.9.2000, which was also dismissed in default on 17.8.2001. Thereafter a fresh recall application was filed which was rejected by order dated 7.11.2006. The petitioner challenged the aforesaid order in Writ C No. 8229 of 2007 in which no interim order could be obtained by the petitioner. As the award in favour of respondent-1 dated 30.1.1999 has not been set aside by the Civil Court as such , respondent-1 filed an application for execution of award registered as Execution Case No. 67 of 2008. In that proceeding, the District Judge has directed for attachment of the account of the petitioner by the impugned order.
I have considered the arguments of the counsel for the petitioner.
Since the petitioner could not obtained any interim order in Writ C No. 8229 of 2007 as such there is no reason to withhold the execution proceeding for executing the award dated 30.1.1999 and the order of attachment of account of the petitioner, has rightly been passed by the District Judge.
There is no illegality in the impugned order. The writ petition is dismissed.
Order Date :- 20.2.2018 Rahul /-
1 issue framed by the court
Whether there is any reason to withhold execution proceedings for an arbitration award decided in the petitioner's favor in an earlier writ petition at the time of attachment of accounts.
Garrison Engineer (West Mathura Cant) And Another
M/S Chob Singh And Company And Another
Ram Surat Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
