Court No. - 29
Case :- WRIT - C No. - 38868 of 2018 Petitioner :- Satendra Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Balendra Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the parties.
The petitioner has preferred this writ petition challenging the recovery citation dated 9.10.2018, (Annexure-2 to the writ petiton), whereunder a sum of Rs. 2,76,684/- is sought to be recovered from him.
The aforesaid amount is the amount, which is payable by the petitioner under the award of the Arbitrator, which is under execution. Since the above recovery is pursuant to the order of the Executing Court, it cannot be challenged independently unless the order of Executing Court is assailed.
In view of the aforesaid facts and circumstances, learned counsel for the petitioner submits that he may be allowed to withdraw this petition with liberty to challenge the proceedings of the Executing Court in the appropriate Forum, preferably under Article 227 of the Constitution of India.
In the light of the prayer, so made by learned counsel for the petitioner, we permit him to withdraw the writ petition with liberty to file a fresh petition, as may be advised to him in law, challenging the execution proceedings and, consequently, the impugned recovery.
The writ petition is dismissed with liberty as aforesaid.
Order Date :- 28.11.2018 Puspendra