Meerut Development Authority vs M/S Civil Engineering ...
2023 Latest Caselaw 15587 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:107013
 
Court No. - 5
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4528 of 2023
 

 
Petitioner :- Meerut Development Authority
 
Respondent :- M/S Civil Engineering Construction Corporation And Another
 
Counsel for Petitioner :- Bhupeshwar Dayal
 
Counsel for Respondent :- Ashutosh Sharma
 

 
Hon'ble Prakash Padia,J.

1. Heard Shri M.C. Chaturvedi, learned Senior Counsel assisted by Shri Bhupeshwar Dayal, learned counsel for the petitioner and Shri Ashutosh Sharma, learned counsel for the respondents.

2. The petitioner has preferred the present petition inter-alia with the following prayer:-

"(i) Set aside the impugned judgment and order dated 16.01.2023 in execution case no. 2 of 2022 (9/2013) passed by the executing court ( commercial court no.1 Meerut) against the direction for depositing balance amount Rs. 58,81,293/- out of award passed by the arbitrator dated 19-3-2005, [Annexure- 1 to the petition]."

3. It is argued by the learned Senior Counsel that objections filed by the Meerut Development Authority was not taken into consideration by the court below while passing the aforesaid order.

4. Heard counsel for the parties and perused the record.

5. From perusal of the record, it transpires that in the case objections were filed by the petitioner before court below, copy of which is appended at page-150 of the supplementary affidavit and after going through the order which is under challenge in the present petition, the Court is of the opinion that the same was not taken into consideration in a proper manner by the court below.

6. In this view of the matter, the present petition is disposed of finally, directing the concerned court to pass a fresh order strictly in accordance with law after taken into consideration the objections filed by the petitioner and after providing opportunity of hearing to the parties concerned, expeditiously and preferably up to 31.07.2023.

7. Interim order granted by this Court will continue till 15.08.2023 or till the disposal of the matter, whichever is earlier.

Order Date :- 17.5.2023

Swati