Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5640 of 2018 Petitioner :- Raees Khan Respondent :- Tata Motors Finance Company Ltd. And Another Counsel for Petitioner :- Jitendra Kumar Ravat,Amit Shukla Counsel for Respondent :- Amit Shukla
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Jitendra Kumar Ravat, learned counsel for the petitioner and Shri Amit Shukla, learned counsel for the respondent no.1.
The petitioner is before this Court assailing the order dated 24.5.2018 passed by the District Judge, Jalaun at Orai in Execution Case No.299 of 2017 (Tata Finance Ltd. vs. Raees Khan and others) and for direction to the District Judge, Jalaun at Orai to take his application under Section 47 of the C.P.C. on record and decide the same in accordance with law.
At the very outset, Shri Amit Shukla, learned counsel appearing for Tata Motors Finance Company Limited has raised objection that the writ petition as has been framed and drawn cannot be maintained in the light of Full Bench judgement of Supreme Court in Mallikarjun vs. Gulbarga University Civil Appeal No.2758 of 2002 decided on 5.11.2003. In support of his submission, he has also placed reliance on the judgement of this Court in Larsen and Toubro Ltd vs. Maharaji Educational Trust (2011) 2 AWC 1682 in which it was held that the applicant did not have any right to challenge the enforceability of the award by taking recourse to Section 47,CPC and the judgement of the Calcutta High Court in Krishna Kumar Mundhra vs. Narendra Kumar Anchalia 2004 (2) ARBLR 469 Cal.
In the facts and circumstances, this Court is of the considered opinion that in view of aforesaid judgements the application under Section 47 of the Code of Civil Procedure is not maintainable and as such, no interference is required by this Court under Article 227 of Constitution of India.
Consequently, the writ petition is dismissed.
Order Date :- 23.8.2018 RKP