Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5076 of 2018 Petitioner :- Vijendra Kumar Respondent :- District Judge, Muzaffar Nagar and 2 Others Counsel for Petitioner :- Prabhat Chandra Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Prabhat Chandra Mishra, learned counsel for the plaintiff-petitioner.
Present writ petition has been filed assailing the validity of orders dated 29.8.2017, by which the District Judge, Muzaffarnagar has rejected the objection filed by the petitioner in Arbitration Execution Case No.59 of 2015 (Hinduja Lyland Finance Limited vs. Vikram Singh and others) and the order dated 20.11.2017, whereby he has accepted the application 20C and issued arrest warrant against the defendant.
Learned counsel for the petitioner submits that the second defendant filed an arbitration suit under Arbitration and Conciliation Act, 1996 (M/s Hinduja Leyland Finance Limited, Chennai vs. Mr. Vikram Singh and Mr. Vijendra Kumar) against the defendant no.3 and the petitioner before the Sole Arbitrator at Chennai, wherein an award was passed on 10.9.2014 directing the respondents to pay a sum of Rs.5,20,866/- with interest @ 18% per annum from the date of award. The decree holder filed an Execution Suit No.59 of 2015. In the aforesaid execution proceedings, detailed objection was filed by the petitioner, precisely on the ground that at no point of time the petitioner had given any guarantee for the loan in question and the entire proceeding before the arbitrator was ex- parte. He had no knowledge about the same and as such, the execution case is liable to be dropped.
The Court has proceeded to examine the record in question and finds that learned District Judge in the said proceeding has considered the objection so filed by the petitioner and he was of the opinion that the Arbitrator passed the award in question and the objection under Section 34 of the Act is to be filed in the territorial jurisdiction of the arbitrator in Chennai (Tamilnadu) but in the execution case such an objection cannot be raised. He has placed reliance on the judgement passed by the Apex Court in Civil Appeal No.2077 of 2015 (M/s Bhandari Udyog Limited vs. Industrial Facilitation Council and others) reported in AIR 2015 SC 1320. Moreover, the orders impugned were passed by the District Judge, Muzaffarnagar way back on 29.8.2017 and 20.11.2017 and at this stage, the Court does not find any infirmity or illegality in the impugned orders.
The petitioners have not sufficiently explained the delay in filing the writ petition and therefore, the request for condonation of delay is declined.
Accordingly, the writ petition is dismissed on the merits as well as delay and laches.
However, the dismissal of the matter would not come in the way of the petitioner to agitate his grievance before the appropriate forum.
Order Date :- 27.7.2018 RKP