Petitioner sought stay of execution of arbitration award pending appeal. Court dismissed writ as infructuous because underlying appeal was already dismissed on grounds of delay.
Writ petition dismissed as infructuous since the underlying appeal was dismissed for delay.
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IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 4TH DAY OF MARCH, 2022
BEFORE:
HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI
Writ Petition (M/S) No. 225 of 2022
BETWEEN:
Uttarakhand Avas Evam Vikas Parishad ...Petitioner
(By Mr. Rahul Consul, Advocate)
AND:
Presiding Officer/Additional District Judge, Commercial Court, Dehradun & others ...Respondents
(Mr. Birendra Singh Adhikari & Mr. Tapan Singh, Advocates)
JUDGMENT
Heard learned counsel for the parties.
2
“i) Issue an order or direction directing the executing court i.e. respondent no. 1 to keep the execution proceeding in execution case no. 22/2019 in abeyance during the pendency of the proceedings in A.O. No. 263 of 2020.”
(MANOJ KUMAR TIWARI, J.)
Navin
2 issues framed by the court
Whether execution proceedings in arbitration award should be kept in abeyance pending appellate challenge
Whether petition survives after dismissal of underlying appeal
2 provisions across 1 enactments
Uttarakhand Avas Evam Vikas Parishad
Presiding Officer/Additional District Judge, Commercial Court, Dehradun
Manoj Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
