Shri Ram Transport And Finance Company v. Shantilal Patel And ANR.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.906 of 2014 • Shri Ram Transport And Finance Company Block No. 5. 1st Floor J.B. Bing Mangalwari Complex, Sadar Nagpur Maharastra Through Akhilesh Singh, Age 31 Yrs S/o Shiv Kumar Singh Branch Manager Shri Ram Transport Finance Company Limited Champa Road In Front Of Paliwal Hospital Janjgir P.S. & Tahsil Janjgir Distt. Janjgir Champa C.G.

---- Petitioner/Decree holder

Versus

1. Shantilal Patel S/o Chhedi Ram Patel Aged About 30 Years R/o Village Bandha Para Pali Post Siwni Naila P.S. & Tahsil Janjgir Chmap C.G.

2. Ravi Kumar Jangde S/o Gopal Prasad Jangde Aged About 29 Years R/o House No. 165k, Guru Ghasidas Para Korbi Baloda P.S. & Tahsil Janjgir Distt. Janjgir Champa C.G. ---- Respondents Shri Ratnesh Kumar Agrawal, counsel for the petitioner. None for the respondents, though served.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 11.3.2016.

Heard.

2.

It is submitted on behalf of the petitioner that the instant matter is covered with the order dated 29.7.2015 passed by this court in Civil Revision No.179/2012 (Induslnd Bank Ltd. Vs. Varsha Chitaliya & Ors.) and order 03.3.2016 passed in WP(227) 01/15 (M/s. Shri Ram Transport Finance Company) and as per the settled law under the provision of Section 36 of the Arbitration and Conciliation Act, 1996 ( in short 'the Act') the award in question be executed without further transfer of the same from any other Court. As the award passed under Section 36 of the Act is an award " if it were a decree of the court", hence, the impugned order dated

22.9.2014 be quashed. The petition may be allowed and relief as claimed may be granted.

3.

Upon consideration of the entire facts, present matter filed on behalf of the petitioner is identical with the aforementioned matters, hence, the petition is hereby allowed as the same is covered and identical regarding the order earlier passed. Hence, without discussing the other facts, on the basis of the principles laid down in the above two matters, the instant petition is allowed. Impugned order dated 22.9.2014 is hereby set aside. Executing Court is directed to proceed with the execution of the award dated 12.7.2012 in accordance with law without insisting upon the transmission of the award from any other court.

4.

The petition is allowed. No order as to cost. Sd/- (Chandra Bhushan Bajpai) JUDGE Bini