M/S M.P. Khaitan vs M/S Engineering Projects (India) Ltd
2024 Latest Caselaw 1154 Tri

Tripura High Court

M/S M.P. Khaitan vs M/S Engineering Projects (India) Ltd on 12 July, 2024

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                               CRP No.60 of 2024
M/s M.P. Khaitan
                                                                .........Petitioner(s);
                                    Versus
M/S Engineering Projects (India) Ltd.
                                                              .........Respondent(s)

For Petitioner(s)   :     Mr. Somik Deb, Sr. Advocate,
                          Mr. Pranabindu Chakraborty, Advocate.
For Respondent(s) :       None.
   HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

                                      Order
12/07/2024

Heard Mr. Somik Deb, learned senior counsel for the petitioner. A

dispute arose under agreement dated 25.04.2008 entered between the parties.

Completion certificate was issued on 21.08.2012. Petitioner invoked arbitration

proceedings by moving this Court under Section 11(6) of the Arbitration and

Conciliation Act, 1996 as amended. The learned Arbitrator rendered an award

in his favour on 21.11.2019 on issues No.1, 2, 3, 7, 8, 10, 11, 12, 16 & 17. The

remaining issues were decided against him. The counter claim of the

respondent was also rejected. Application under Section 34 of the Act of 1996

by the aggrieved respondent was dismissed on 25.02.2022. The appeal under

Section 37 of the said Act was also dismissed on 12.09.2022. Thereafter

petitioner filed an application for enforcement of the award under Section 36 of

the Act which according to him is being repeatedly adjourned without any

reason causing delay in accrual of the fruits of the decree in his favour.

Learned senior counsel for the petitioner has in particular referred

to the orders dated 06.02.2024, 04.05.2024 and 30.05.2024. Therefore,

petitioner has approached this Court in its supervisory jurisdiction under Article

227 of the Constitution of India for a direction on the learned Commercial

Court, West Tripura, Agartala who is also the LA Judge, Court No.2, West

Tripura, Agartala for execution of the decree within a specified time frame.

Learned senior counsel for the petitioner has also relied upon the judgment of

the Apex Court in the case of Rahul S. Shah v. Jinendra Kumar Gandhi and

Others reported in (2021) 6 SCC 418 laying down guidelines for the Executing

Court. It is submitted that the learned Court has been adjourning the matter

without recording any reasons.

I have considered the submission of learned senior counsel for the

petitioner and taken note of the relevant facts noted hereinabove. It appears that

the award has attained finality upto the stage of Section 37 of the Arbitration

and Conciliation Act, 1996 as amended and the matter is pending for

enforcement under Section 36 of the Act before the learned Executing Court.

As is informed, the execution case was instituted on 14.06.2023 and one year

time has already elapsed. In such circumstances, this Court deems it proper to

remind the learned Executing Court of the mandate under Order XXI of the

Civil Procedure Code and the direction passed by the Apex Court in the case of

Rahul S. Saha (supra) whereby the learned Executing Courts are under a duty

to execute the decree within a specified period of six months which may be

extended beyond six months only by recording reasons in writing. Therefore,

the learned Executing Court would endeavour to dispose of the execution

within a short time frame in accordance with law.

With the aforesaid observations, the instant revision petition is

disposed of. Pending application(s), if any, shall stand disposed of.

(APARESH KUMAR SINGH), CJ

Pijush/ MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2024.07.16 16:25:07 +05'30'