Rajasthan High Court - Jaipur
Urmila Patria W/O Late Shri Rajendra ... vs M/S Cholamandalam Investment And ... on 1 October, 2019
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 16269/2019
Urmila Patria W/o Late Shri Rajendra Patriya
----Petitioner
Versus
M/s Cholamandalam Investment And Finance Company Limited
----Respondent
For Petitioner(s) : Mr. Prahlad Sharma, Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 01/10/2019 Counsel for the petitioner submitted that the impugned order dt.21.08.2019 has been passed by the Additional District Judge No.19, Jaipur Metropolitan (Head Quarter Sanganer), Jaipur deciding the objection of the petitioner under Order 21 Rule 58 CPC.
Counsel submitted that the Division Bench of this Court in D.B. Civil Misc. Appeal No.12/2019 (Ess Kay Fincorp Ltd. Vs. Suresh Choudhary & Anr.) and other connected misc. appeal decided by a common order dt.22.08.2019 has held that ordinary Civil Court/principal Court of District Judge, will have no jurisdiction for execution of the award, which is passed under Section 36 of the Arbitration Act, 1996.
Issue notice of the writ petition as well as stay application, returnable within three weeks. Notices be given 'dasti', if prayed.
In the meanwhile, effect & operation of order dt.21.08.2019, shall remain stayed.
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