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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
KSHITIJ SHAILENDRA, ARUN BHANSALI
Reeta Chaddha (Deceased) – Appellant
Versus
U.P. Jal Nigam – Respondent
JUDGMENT :
Arun Bhansali, CJ.
1. These appeals under Section 13 (1A) of the COMMERCIAL COURTS ACT , 2015 (for short ‘Act, 2015’) have been filed against the judgments/orders dated 05.09.2024 passed by Commercial Court, Prayagraj in Execution Case Nos. 33 of 2004 and 31 of 2004 arising out of arbitral awards dated 31.07.2002 passed by Sole Arbitrator, whereby the execution cases filed by the appellants have been rejected.
2. The facts indicated reveal that respondent-Jal Nigam invited tenders for reconstruction of RCC Overhead Tank, the contract bond was accepted and signed on 12.06.1972 by M/s Chaddha & Co. through Sri P.D. Chaddha, who later on died on 19.09.2017. After execution of the work, when outstanding bill was not cleared by the respondent, a dispute arose between the parties and proceedings were initiated for appointment of Arbitrator. The Arbitrator was appointed by order dated 13.11.2001 passed by Civil Judge (Senior Division), Allahabad. Ex-parte awards dated 31.07.2002 were passed by the Arbitrator. For execution of the awards dated 31.07.2002, execution applications were filed. The execution proceedings were contested.
3. On account of death of Mr. P.D. Chaddha, who had
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