Court No. - 3
Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 DEFECTIVE No. - 72 of 2021 Appellant :- State of U.P.
Respondent :- Presiding Officer Commercial Court District Aligarh And 3 Others Counsel for Appellant :- Surya Bhan Singh Counsel for Respondent :- Rajesh Kumar
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
1. Heard learned Standing Counsel for the appellant and Syed Irfan Ali, Advocate, holding brief of Shri Rajesh Kumar, learned counsel for the respondents.
2. Present appeal has been filed by the State of U.P. under Section 37 of the Arbitration and Conciliation Act, 1996 against the order dated 10.08.2021 passed by the Commercial Court, Aligarh in Execution Case No. 113 of 2018. By that order, the Executing Court has attached the appellant's account regarding DDO Code No. 1448 for recovery of Rs. 10,06,130/- under an award of the Arbitrator dated 05.09.2018.
3. Submission of learned Standing Counsel for the appellant is that against the aforesaid arbitration award, objections under Section 34 (filed within time) are pending before the Commercial Court, Agra. A stay application has also been filed in that case which is still pending. In such circumstances, the executing court has erred in prematurely attaching the appellant's bank account.
4. Having heard learned counsel for the parties and having perused the record, in absence of any stay order operating against the award, the executing court has not committed any error of fact or of law in proceeding with the execution case. The facts that the appellant is State of U.P. or that it has filed its objection under Section 34 of the Act accompanied with stay application, do not vest any special status and do not create any special circumstance as may have prevented the executing court from attaching the bank account in execution proceedings validly executed.
5. The appeal lacks merit and is accordingly dismissed.
Order Date :- 27.10.2021 AHA