M/S Kubota Agriculture Machinery ... vs M/S Shri Krishna Tractors
2022 Latest Caselaw 3714 Chatt

                                                                                                 NAFR
                     HIGH COURT OF CHHATTISGARH, BILASPUR

                               Writ Petition (227) No.238 of 2022
  M/s Kubota Agriculture Machinery India Private Limited, Block No.94, Tower-
  1, 8th Floor, T.V.H. Belisiya Towers, M.R.C. Nagar Chennai, District Chennai,
  Tamil Nadu (wrongly mentioned in the order sheet T.B.H.)
                                                                                       ---- Petitioner
                                                 versus
  M/s Shri Krishna Tractors, through its Director, Dilip Kumar Patel, Main Road,
  Basna, N.H. 53, Mahasamund
                                                                  --- Respondent
  -------------------------------------------------------------------------------------------------------

For Petitioner : Shri Palash Tiwari, Advocate For Respondent : None

-------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Arvind Singh Chandel

Order on Board 14.6.2022

1. Heard on admission.

2. This petition has been preferred by the Petitioner for a direction to

the Executing Court, i.e., 1st Additional District Judge, Saraipali,

District Mahasamund to decide and dispose of Transfer Decree

No.H29 of 2020 pending between M/s Kubota Agriculture Private

Limited and M/s Shri Krishna Tractors.

3. Learned Counsel appearing for the Petitioner submits that the

Petitioner had filed an arbitration proceeding before the concerned

arbitration tribunal and on 26.9.2019 an award was passed in

favour of the Petitioner to the tune of Rs.42,24,001.56 along with

12% interest. Till today, the Respondent has not paid any amount

to the Petitioner in lieu of the award dated 26.9.2019. The

Petitioner has filed the execution proceeding before the Executing

Court. On 24.11.2020, the same was registered as Transfer

Decree No.H29 of 2020. After the lapse of almost one year, the

matter was transferred to the Executing Court at Saraipali. Till

today, the execution proceeding has not reached to its logical

conclusion and the Respondent has not yet been served before the

Executing Court. Relying upon the judgment of the Supreme Court

in Rahul S. Shah v. Jinendra Kumar Gandhi, (2021) 6 SCC 418, it

is submitted by the Learned Counsel that the Executing Court may

be directed to expedite the execution proceeding and dispose of

the matter as early as possible preferably within a period of 6

months as directed by the Supreme Court in Rahul S. Shah case

(supra).

4. I have heard Learned Counsel appearing for the Petitioner and

gone through the petition and the documents annexed thereto.

5. From perusal of the order-sheets of the Executing Court, it appears

that the execution application has been filed by the Petitioner on

24.11.2020. On 27.10.2021, the execution proceeding was

transferred to 1st Additional District Judge, Saraipali, District

Mahasamund. The Respondent/judgment debtor has not yet been

served. Dealing with the issue in Rahul S. Shah case (supra), the

Supreme Court has issued certain directions, particularly, with

regard to execution proceedings, as under:

"42.12 The executing court must dispose of the execution proceedings within six months from the date of filing, which may be extended only by recording reasons in writing for such delay."

6. Considering the facts and circumstances of the present case and

keeping in view the above direction of the Supreme Court in Rahul

S. Shah case (supra), the Executing Court is directed to dispose of

the execution proceeding as early as possible preferably within a

period of 6 months from the receipt of this order.

7. With the aforesaid direction, the writ petition is disposed of at the

admission stage itself.

Sd/-

(Arvind Singh Chandel) JUDGE Gopal