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2018 Supreme(HP) 53

TARLOK SINGH CHAUHAN
Mahesh C. Puri – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Decree Holder : Mr. J.S. Bhogal, Mr. Parmod Negi
For the Judgment Debtor : Mr. Ashok Sharma, Mr. Sudhir Bhatnagar, Mr. J.S. Guleria, Mr. Bhupinder Thakur

JUDGMENT :

Tarlok Singh Chauhan, J.

This execution petition has been filed by the decree holder seeking execution of an award made by the Adjudicator on 27.10.2011 ostensibly on the ground that the said award has attained finality.

2. The judgment debtor has filed the reply/objection to the execution petition wherein preliminary submission regarding the very maintainability of the execution petition has been raised. It has been averred that the execution petition is not maintainable as the arbitration proceedings have already commenced in this case as per the provisions of Section 21 of the Arbitration and Conciliation Act, 1996 (for short ‘Act’). The Adjudicator adjudicated the dispute on 27.10.2011 and further issued corrigendum on 31.10.2011. This was challenged by the judgment debtor vide his communication dated 29.10.2011 to the Chief Engineer, Mandi Zone, HPPWD, Mandi with a copy thereof to the petitioner. The copy of this letter was sent to the decree holder on his address which was given at the time of tender as well as on the address which has been given in the judgment sought to be executed. Therefore, the execution petition is not maintainable as the notice for the appointm



































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