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Allahabad High Court · body

2013 DIGILAW 213 (ALL)

Ashoka Construction Co. Engg. & Contractors v. District Judge, Varanasi and Another

2013-01-17

PANKAJ MITHAL

body2013
Pankaj Mithal, J.— Heard learned counsel for the petitioner. The award of the arbitrator is partly in favour of the petitioner and partly in favour of the respondent No.2. The submission of Sri Krishna Mohan, learned counsel for the petitioner is that though at one hand petitioner's application to execute the award in respect of the claim which is in his favour has not been entertained on the other hand the court below has entertained the execution of the respondents and by the impugned order has directed the petitioner for depositing the entire amount as awarded under claim No.24. The amount awarded to the petitioner has to be adjusted from the amount which has been awarded to the respondent No.2 and it is only thereafter if any amount is found due that the petitioner can be compelled to make the deposit of the same. Sri Bajrangi Mishra, learned counsel appearing for the respondent No.2 prays for and is allowed a month's time for filing counter affidavit. Two weeks' thereafter are allowed to the petitioner for filing rejoinder affidavit. List for admission/final disposal along with Writ Petition No.59300 of 2012 (M/s Ashoka Construction Company Vs. District Judge, Varanasi and another) and the record of the F.A.F.O. No.532 of 2012. Until further orders of this court, the realization of the amount from the petitioner under the award in question shall remain stayed provided petitioner deposits the same before the executing court within a period of one month from today. On deposit of the said amount it will be invested in a fixed deposit with a nationalized bank initially for a period of one year and would not be paid to the respondent No.2 without the leave of the court. In the event of default in making the deposit the benefit of this order would cease. _____________