Disposed

Cholamandalam Investment and Finance Company Ltd., v. Mahesh Kumar Dulani

Chhattisgarh HC2 Oct 2024WP227/888/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh heard a writ petition under Article 226 seeking directions to the Executing Court to expedite proceedings in an execution case pending since July 2023. The court directed the Executing Court to conclude the matter within four months and expected party cooperation.

What did the court decide?

The petition stands disposed. Directed to the Executing Court to expedite the proceeding of Execution Case No. 635/2023 and conclude the same within 4 months from the date of receipt of the order.

Cholamandalam Investment and Finance Company… — Execution and Attachment | Chhattisgarh HC (2024)

1 / 2

2024:CGHC:39061

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WP227 No. 888 of 2024

¶6

Cholamandalam Investment And Finance Company Ltd., Dare House No.-02 Netaji Subhash Chandra Bose Road, Parrys Chennai 600001, Through Its Authorized Officer Subhash Kumar Dewangan, S/o Shri Jawahar Lal Dewangan, A/o 37 Years, Authorized Officer Of Cholamandalam Investment And Finance Company Limited, Branch Office No.506-509, 5^th Floor, National Corporate Park, G.E. Road, Raipur (C.G.). ... Petitioner

¶7

Versus

¶8

1. Mahesh Kumar Dulani, S/o Bhagwan Das Dulani, Aged About 63 Years, R/o H.No. A-801 Avanti Garden, Daldal Seoni Road, Raipur, District Raipur (C.G.).

¶9

2. Rahul Dulani, S/o Mahesh Kumar Dulani, Aged About 38 Years, R/o H. No. A- 801 Avanti Garden, Daldal Seoni Road, Raipur, District Raipur (C.G.).

¶10

3. Rita Dulani, W/o Mahesh Kumar Dulani, Aged About 60 Years, R/o H. No. A- 801 Avanti Garden, Daldal Seoni Road, Raipur, District Raipur (C.G.).

¶11

4. Diamond Traders, Through Its Prorietor, Mahesh Kumar Dulani, Block No.13, Transport Nagar, Rawabhata, Raipur, District Raipur (C.G.). ... Respondents (Cause Title taken from Case Information System)

¶12

For Petitioners : Mr. Atul Kumar Kesharwani, Advocate. For Respondent : None.

¶13

Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board

¶14

03.10.2024

¶15

1 . Heard.

¶16

2 . This petition has been preferred by the petitioner under Article 227 of the Constitution of India seeking following reliefs:-

¶17

DEEPTIJHANIRALA Digitallysigned byDEEPTIJHANIRALADate:2024.10.0411:45:11+0530

¶18

10.1 To issue writ of MANDAMUS or any other appropriate writ directing the Vth Additional District Judge, Raipur (C.G.) to expedite the Execution Case No.635/2023 titled as Cholamandalam Investment & Finance Co. Ltd. Vs. Mahesh Kumar Dulani & Ors., which is in respect to an award dt. 10.11.2022 passed in Arbitration Proceeding, and conclude the same within 30 days, in the interest of justice.

¶19

10.2 To pass any other order as it may deem fit, in the interest of justice.

¶20

2 / 2

¶21

3 . Learned counsel for the petitioner submits that Execution Case No.635/2023 (Cholamandalam Investment & Finance Co. Ltd. Vs. Mahesh Kumar Dulani & Ors.), execution proceeding is pending before the 5 th District and Sessions Judge Raipur, District Raipur (C.G.) since 21.07.2023, but the same has not been decided yet and it is pending consideration for one or the other reason, whereas, as per the circular issued by the High Court, execution proceeding has to be disposed of within 6 months. Therefore, he submits that concerned Executing Court may be directed to expedite the trial and conclude the same, as early as possible, preferably within a period of 30 days.

¶22

4 . Petitioner has filed certified copy of order sheets of execution proceeding, which shows that it is pending since 21.10.2023. Earlier it was pending before the other Court, but presently it is pending before the 5 th District and Sessions Judge Raipur, District Raipur (C.G.). Perusal of order sheets shows that hearing is being extended for one or the other reason, but no substantive progress has been made yet.

¶23

5 . Having considered the limited prayer made by the counsel for the petitioner and facts as has been stated hereinabove, it is directed to the Executing Court to expedite the proceeding of Execution Case No.635/2023 (Cholamandalam Investment & Finance Co. Ltd. Vs. Mahesh Kumar Dulani & Ors.) and conclude the same expeditiously, preferably within a period of 4 months from the date of receipt/submission of copy of this order. It is also expected from the parties that they shall cooperate with the concerned Executing Court for expeditious disposal of the case.

¶24

6 . With aforesaid observations and directions, this petition stands disposed of.

¶25

7 . Pending Interlocutory application(s), if any, also stands disposed of.

¶26

Sd/(Naresh Kumar Chandravanshi) Judge

Cholamandalam Investment and Finance Company Ltd., v. Mahesh Kumar Dulani

Case brief

What is this about?

What did the court decide?

Cholamandalam Investment and Finance Company Ltd., v. Mahesh Kumar Dulani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Saraswati Bai Vs Manager, Hind Energy and Coal Beneficiation Pvt. Ltd.

Raghunath Yadav Vs Indra Kunwar

Smt. Gresy Kumbhkar Vs Govind Ram Chouhan

Ashish Vs Nimmat Jiwa

Ashwani Kumar Sahu Vs Birendra Kumar Verma

Kanhaiyaram Sahu Vs Smt. Siyabai