Javed Ahammad Haji Mohammad Shaban v. The Union Of India And Others

908-wp-10810 OF 2021 aw many.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 WRIT PETITION NO.10810 OF 2021 SUNIL SAHEBRAO PATIL

VERSUS

THE UNION OF INDIA AND OTHERS ...

Advocate for Petitioner : Mr. More Kumar Gaurav M. AGP for Respondents : Mr. S.B. Pulkundwar Advocate for Respondent Nos.1, 2 & 4 : Mr. A.N. Patale WITH 966 WRIT PETITION NO.14603 OF 2021 WITH WP/14970/2021 WITH WP/14740/2021 WITH WP/14665/2021 WITH WP/14661/2021 WITH WP/14961/2021 JAVED AHAMMAD HAJI MOHAMMAD SHABAN

VERSUS

THE UNION OF INDIA AND OTHERS ...

Advocate for Petitioner : Mr. More Kumar Gaurav M. AGP for Respondents : Mr. S.R. Yadav-Lonikar Advocate for Respondent Nos.1 & 4 in WP/14961/2021 : Mr. A.N. Patale ...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J.

DATED : 02nd MARCH, 2022 PER COURT.:- 1.

By these petitions, the petitioners pray that the award of the arbitrator be executed by the High Court. 2.

Section 36 (1) of the Arbitration and Conciliation Act, 1996, reads as under:- "36. (1) Where the time for making an application to set aside 1/2

908-wp-10810 OF 2021 aw many.odt the arbitral award under section 34 has expired, then, subject to the provisions of sub-section (2), such award shall be enforced in accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were a decree of the court."

3.

The petitioners are praying for exercise of our extraordinary jurisdiction by issuing the writ of mandamus when Section 36 (1) is a statutory remedy for seeking execution of the award. 4.

In view of the above, all these petitions are disposed off with liberty to the petitioners to avail of the remedy under Section 36 (1).

(S.G. MEHARE. J.) (RAVINDRA V. GHUGE, J.) Mujaheed// 2/2