Court No. - 29
Case :- WRIT - C No. - 23358 of 2019 Petitioner :- Sri Deepu And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Virendra Singh Parmar,Ram Raj Prajapati Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners.
The petitioners are aggrieved by the demand notice dated 22.06.2019 issued by the Tehsildar, Banda for recovery of Rs.9,37,586/- as part of award of the arbitration.
It appears that an arbitration award has been passed against the petitioners on 03.02.2016 which has been put under execution. In the said execution proceedings, the District Judge vide order dated 12.10.2018 directed the petitioners to pay the awarded amount within a period of 7 days but as the petitioners have failed to pay the amount, the impugned notice of demand has been issued against them.
Submission of learned counsel for the petitioners is that they are ready and willing to pay the demand.
If that be so, the petitioners may appear before the executing court and move an appropriate application instead of approaching this Court directly.
In view of the aforesaid facts and circumstances, we do not consider it necessary to interfere in the matter at this stage and the writ petition is dismissed as misconceived and on the ground of alternative remedy available to him.
Order Date :- 30.7.2019 S.Sharma