Court No. - 29
Case :- WRIT - C No. - 38323 of 2018 Petitioner :- Sunil Kumar Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Siya Ram Verma,Deepak Kumar Verma Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
An arbitration award has been made on 2.1.2018 whereby the petitioner has been directed to make payment of outstanding amount of Rs. 270716/- as on 25.9.2017 along with interest at the rate of 18% per annum from 23.10.2017 till the date of payment.
The contention of the petitioner is that in order to realise the aforesaid amount, the respondent nos. 4 and 5, without putting the award into execution, are forcibly trying to take away the truck of the petitioner, which was financed.
The petitioner also submits that he had already paid a sum of Rs. 80,000/- and is ready and willing to make the payment of the balance amount also provided some reasonable time is allowed.
In view of the above, let notice be sent to respondent nos. 4 and 5, who may file counter affidavit within a month of receipt of the notice.
List after six weeks for admission/final disposal.
In the meantime, it is directed that unless there is an order of the Executing Court, the truck of the petitioner shall not be seized for realising the amount under the aforesaid award.
Order Date :- 26.11.2018 Puspendra