Rajasthan High Court - Jodhpur
National Highways Authority Of India vs M/S E.C.S.B-J.S.R.C. (Jv) on 9 March, 2022
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3600/2022
National Highways Authority Of India, Through Project Director,
Project Implementation Unit Chittorgarh, Km 892 Plus 00
(Junction Of Nh-76 And Nh-79), Villae Rithola, Post Sahanwa,
Chittorgarh (Rajasthan).
----Petitioner
Versus
1. M/s E.c.s.b-J.s.r.c. (Jv), Plot No. 14-122/p, 2Nd Floor,
Royal Plaza, Siddhanti, Shamshabad, Dist. Ranga Reddy,
Telangana.
2. Branch Manager, Canara Bank, Chittorgarh, Dist.
Chittorgarh.
----Respondents
For Petitioner(s) : Mr. Vinit Sanadhya
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 09/03/2022 Learned counsel for the petitioner has submitted that the arbitration award dated 12.05.2021 has been challenged by the petitioner before the Additional District Judge No.1, Bhilwara by way of an application under Section 34 of the Arbitration and Conciliation Act, 1996 which is pending consideration before that Court, however, the respondent No.1 has filed an execution application in the Court of the Additional District Judge No.1, Bhilwara, which passed the impugned order dated 16.12.2021 and in pursuance thereof notice was issued to respondent No. 2 to attach the bank account of the petitioner and to hold an amount of Rs.18,83,57,772/- and interest thereon. (Downloaded on 09/03/2022 at 09:02:43 PM)
(2 of 2) [CW-3600/2022] Learned counsel for the petitioner has submitted that to execute an arbitral award on commercial dispute, only the Commercial Court is competent as per the provisions of the Commercial Courts Act.
Learned counsel for the petitioner has placed reliance upon the decision of the Division Bench of this Court at Jaipur Bench rendered in Ess Kay Fincrop Ltd. Vs. Suresh Choudhary & Anr. reported in AIR 2020 Raj. 56.
Issue notice. Issue notice of stay petition also. Notices are made returnable within six weeks.
In the meanwhile, effect and operation of the order dated 16.12.2021 passed by the Additional District Judge No.1, Bhilwara as well as notice dated 05.01.2022 issued by it to Branch Manager, Canara Bank, Chittorgarh shall remain stayed.
(VIJAY BISHNOI),J 32-babulal/-
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