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2014 DIGILAW 1347 (ALL)

Vinod Kumar Nishad v. District Judge S. R. D. Nagar

2014-04-25

PANKAJ MITHAL

body2014
JUDGMENT Hon'ble Pankaj Mithal, J. Heard learned counsel for the petitioner. 2. The arbitral tribunal made an award on10.10.2010. It has attained finality and is under execution vide execution case no. 3 of 2011 (Vinod Kumar Nishand Vs. State of U.P. and others) which is pending in the court of District Judge, Sant Ravidas Nagar, Bhadohi (Gyanpur). 3. The prayer of the petitioner in the petition is that a suitable direction be issued commanding the court concerned to decide the above execution case within a time bound period. 4. The three Judges decision of the Supreme Court in Satyawati Vs. Rajendra Singh and others (2013) 9 SCC 491 strongly condemns the delay in execution of a decree and stated that there should not be unreasonable delay in execution of decree as the delay makes the entire effort of the successful litigant a waste. 5. This Court in Suresh Pal Vs. Civil Judge, Hapur 2011 (8) ADJ 874 has held that the delay in executing the decree amounts to denying the decree holder the benefit of it which is antithesis to the concept of justice. 6. Accordingly, the petition is disposed of with the direction to the court concern to take appropriate steps for disposal of the above execution case and to complete the execution proceedings expeditiously preferably within six months with the outer limit one year from the date of production of the certified copy of this order provided there is no legal impediment in doing so.