Himachal Pradesh High Court
Surat Ram Chauhan vs Daimler Finance Service India Pvt. Ltd on 25 October, 2019
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.: 367 of 2019.
.
Decided on: 25.10.2019.
Surat Ram Chauhan ....Petitioner.
Versus
Daimler Finance Service India Pvt. Ltd.
and another ...Respondents.
Coram
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 No
For the petitioner : Mr. R.S. Chandel, Advocate.
For the respondents Mr. Govind Korla, Advocate, for
:
respondent No. 1.
: Mr. Ajay Kashyap, Advocate for
respondent No. 2.
Ajay Mohan Goel, Judge (Oral)
By way of this petition filed under Article 227 of the Constitution of India, petitioner has challenged order dated 22.04.2019, passed by the learned Executing Court, i.e. Court of learned District Judge, Shimla, in Objection Petition No. 5-S/11 of 2019, titled as Surat Pal Chauhan and another versus Daimlet Financial Services India Private Limited, vide which, objections to the execution petition filed under Section 36 of the Arbitration and Conciliation Act, 1996, read with ::: Downloaded on - 31/10/2019 20:23:50 :::HCHP Order 21, Rule 11 of the Civil Procedure Code, stand dismissed.
.
2. Learned Counsel for the petitioner has argued that the order passed by the learned Executing Court, vide which, the objections filed by the present petitioner stand dismissed, is not sustainable in the eyes of law, because, while passing the said order, learned Court below has erred in not appreciating that as the petition filed under Section 34 of the Arbitration and Conciliation Act against the award in issue was still pending, the award could not have been executed.
3. In my considered view, there is a fallacy in the said submission of learned Counsel for the petitioner, because, until and unless, execution of the award is not stayed by the Court, which is hearing the petition under Section 34 of the Arbitration and Conciliation Act, simplicitor filing of the objections would not amount to stay of execution of the award in issue.
4. Accordingly, this petition is disposed of without interfering with the order passed by the learned Executing Court dated 22.04.2019 (Annexure P-1), but with the observation that the order which otherwise has been passed ::: Downloaded on - 31/10/2019 20:23:50 :::HCHP by the learned Executing Court qua the execution of the award in issue, shall not be given effect to for a period of six .
weeks from today to enable the present petitioner to move an appropriate application before the Court where the objections filed under Section 34 of the Arbitration and Conciliation Act, are pending.
The petition stands disposed of in above terms, so also pending miscellaneous application(s), if any.
r (Ajay Mohan Goel)
Judge
October 25, 2019
(narender)
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