The High Court of Rajasthan dismissed a writ petition filed by the petitioner challenging the dismissal of an application for stay of execution proceedings, referring the matter to the pending appeal before the Court.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
ORDER
S.B. Civil Writ Petition No.9640/2016
National Highway Authority of India
vs. Moti Ram
Date of Order ::::::: 25.07.2016
HON'BLE MR. JUSTICE PRAKASH GUPTA,J.
Mr. Ashutosh Bhatia for the petitioner
By the Court:
This writ petition has been filed against the order dated 16th May, 2016 passed by the learned Executing Court whereby the application filed by the petitioner under Section 151 CPC has been dismissed.
It appears that an award against the petitioner has been passed and objections under Section 34 of the Arbitration and Conciliation Act were rejected and against which SB Civil Misc. Appeal No.3274/2014 is pending with this Court.
A limited prayer has been made by the learned counsel for the petitioner that till 28th July, 2016 proceedings of execution petition may be stayed as the next date in the said SB Civil Misc. Appeal is 28th July, 2016.
After hearing learned counsel for the petitioner and going through the material on record, I find no good ground in this writ petition to interfere with the impugned order since SB Civil Misc. Appeal No.3275/2014 against the order dated 13th August, 2014 passed by the learned Additional District Judge No.1, Sikar is, pending with this Court and appropriate relief in this regard may be sought
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from that Court only.
The writ petition being devoid of any merits is, dismissed.
(PRAKASH GUPTA),J.
bairwa/41
1 issue framed by the court
Whether a writ petition seeking stay of execution proceedings is maintainable when appeal against award is pending before the same High Court.
2 provisions across 2 enactments
National Highway Authority of India
Moti Ram
Prakash Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
