Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6279 of 2019 Petitioner :- Rashid Ali Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sharad Kumar Srivastava Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Manoj Kumar Gupta,J.
By means of the instant petition, the petitioner has challenged the order dated 07.01.2015 passed by District Judge, J.P. Nagar, in Execution Case No. 30 of 2015. By the said order, the District Judge has issued notice to the petitioner on the execution application filed by the second respondent, in whose favour there is an award of the Arbitrator under which certain sum is to be paid to respondent no.2 by the petitioner.
Counsel for the petitioner submitted that the petitioner is ready to pay the amount to the second respondent, who is executing the arbitration award.
If the petitioner is ready to pay the amount, which is due under the award, he can always deposit the same before the Executing Court.
However, so far as, the impugned order is concerned, this court finds no illegality in the same, as admittedly the Award is not under challenge nor it has been stayed by any Court of law and, thus, there was no impediment in executing the same.
The petition lacks merit and is, accordingly, dismissed subject to the observations made above.
(Manoj Kumar Gupta, J.) Order Date :- 26.8.2019 Chandan