Petitioner 3 Karnataka Housing Board a statutory

authority seeks to lay a challenge to the order dated

16.01.2016 (Annexure-L) issued by the Court below in

Execution Case No. 11/2016 whereby apart from attaching

the properties in question, a direction has been issued

restraining their alienation. Learned Sr. Advocate appearing

for the petitioner vehemently argues that when the very

award itself is unsustainable and a challenge is laid thereto,

impugned action could not have been taken. He submits

that the respondent award holder company having been

struck off by the Registrar of Companies, the arbitration

proceedings could not have been taken up. He also notifies

to the court the interim stay of award granted by the

Commercial Court below.

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2. After service of notice, the respondent-awardee

having entered appearance through its counsel opposes the

petition making submission in justification of the impugned

order and the reasons on which it has been constructed. He

also contends that, the award is already put in challenge

and stay of further proceedings having been obtained, the

Writ Petition is misconceived. So contending, he seeks

dismissal of the Writ Petition.

3. Having heard