M/S Shri Ram Transport Finance Company v. Raghuwan Patel And ANR.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.06 of 2015 M/s Shri Ram Transport Finance Company Through Authorized Officer Akshya Pal S/o Kiran Pal At Present Durga Prasad Duvedi Aged 40 Years S/o. Shankarsan Duvedi Branch Manager Shri Ram Transport Finance Company Limited Kera Road Janjgir P.S. & Tahsil Janjgir District Janjgir Champa C.G. ---- Petitioner /Award holder/applicant

Versus

1. Raghuwan Patel S/o Shri Ramcharan Patel Aged About 40 Years R/o Piparda, P.S. Bamhnidih, Tahsil Janjgir District Janjgir Champa C.G.

2. Santosh Patel S/o Mannu Patel Aged About 41 Years R/o Pachori P.S. & Tahsil Sarangaon, District Janjgir Champa C.G. ---- Respondents Shri Ratnesh Kumar Agrawal, counsel for the petitioner. Shri Vivek Tripathi, counsel for the respondents. 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 20.12.2012 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