IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE JIYA LAL BHARDWAJ
years of period, prescribed under Article 136 of the Limitation Act.
2. The petitioners have averred that the period from 15.03.2020 till 28.02.2022 ouHght to have been excluded while computing the limitation as per the judgment passed by the Hon’ble Supreme Court, mention whereof has been recorded in the impugned order.
3. It is not in tdispute that the petitioners had sought execution of the award dated 03.10.2012, passed by the Reference Court and the execution petition was filed on 17.01.2025. If the period from the date of passing the award is taken, the petitioners ought to have filed the execution hpetition on or before 02.10.2024, but the execution petition was preferred on 17.01.2025.
4. Learned counsel for the petitioners has vehemently argued that as per the decision of the Hon’ble Supreme Court, the period from 15.03.2020 till 28.02.2022, ought to have been excluded while computing the limitation, however the said period has not been excluded by the learned Court below and, therefore, the order passed by it is not sustainable in the eyes of law.
5. I have heard the learned counsel for the parties and also perused the order under challenge.
6. The Hon’ble Supreme Court while
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