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BIBHAS RANJAN DE
Shyam Sundar Jalan – Appellant
Versus
R. K. P. Udyog Limited – Respondent
JUDGMENT :
BIBHAS RANJAN DE, J.
1. This revision application has been filed assailing the Order No. 28 dated 30.11.2022 passed by the Learned Additional District Judge, 6th Court, Alipore in connection with Arbitration Execution Case No. 261 of 2019.
2. In this revision application the issue, high on the list, is that whether Execution Case being no. 261 of 2019 was filed after 18 years of the award i.e. beyond the period of limitation prescribed by the Article 137 of the Limitation Act.
Background Facts:
3. On 23.12.2000 opposite party/decree holder obtained arbitral award on 23.12.2000 and one Title Execution No. 13 of 2002 was filed before the Court of Learned Civil Judge (Senior Division), 4th Court, Alipore. During pendency of that execution case opposite party/decree holder filed an application under Section 151 of the Civil Procedure Code on 04.10.2018 with a prayer for withdrawal of the execution case for filing before the proper forum in terms of Provision of Section 2 (1) (e) of the Arbitration and Conciliation Act, 1996. Though opposite party/decree holder incorporated the prayer for filing the same before the proper forum in paragraph 15 of the application dated 04.10.2018 b
A second execution petition filed after the limitation period is barred, and withdrawal of an earlier execution does not extend the limitation period.
The period of limitation for filing execution proceedings commences when the decree becomes enforceable, not based on any acknowledgment made by the judgment debtor or otherwise.
The execution of an arbitral award may proceed despite pending appeals unless a stay is expressly granted; writ jurisdiction is not an avenue for private arbitration disputes absent substantial legal....
The court established that delays in signing a decree by the court can be excluded from the limitation period for filing an execution petition under the Limitation Act.
The main legal point established in the judgment is that the period of limitation for filing an application to set aside an ex-parte order before the Tribunal shall be 30 days, and there would be no ....
The limitation period for execution of a decree under Article 136 of the Limitation Act, 1963, begins from the date of the appellate court's final order dismissing the appeal, even if such dismissal ....
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