Mittal Enterprises Pvt. Ltd. v. Anand Triplex Board Ltd.
2014-02-11
PANKAJ MITHAL
body2014
DigiLaw.ai
JUDGMENT Pankaj Mithal, J.: - Heard learned counsel for the petitioner. 2. In connection with the dispute between the parties, arbitrator tribunal gave an award on 16.07.2010. The respondents have taken recourse to proceedings under Section 34 of Arbitration and Conciliation Act, so as to set aside the said award. The said proceedings have been numbered as 36 of 2011. The said award has also been put in execution vide Execution Case No. 03 of 2011.The execution is being opposed. 3. The proceedings for execution of the award and proceedings to set aside the same have been clubbed. 4. The grievance of the petitioner in this petition is that the execution is not being decided and therefore a suitable direction to decide the same may be given. 5. The execution can not proceed without deciding the objections of the respondent filed therein. 6. This apart a Division Bench of this Court in 2010 (1) ADJ 531 (DB) Km. Shobha Bose Vs. Judge Small Causes Court has held that giving a direction for deciding any proceedings within a time bound period amounts to giving priority to the case over and above the other cases which are pending for long. The direction to decide the case expeditiously or within a time bound period shall normally be left to be decided by the court concerned and the parties should be relegated to the court below or seeking appropriate direction whereupon the Court will act upon according to its roster depending upon the pendency of other cases. 7. In view of the above fact and circumstances, I refrain from issuing any time bound direction for the disposal of the execution case and the petition is disposed of with liberty to the petitioner to approach the concerned court for expeditious disposal of the case and if any application in this regard is moved, the court will proceed in the matter expeditiously by curtailing all unwarranted adjournments and by fixing short dates. Petition is disposed of.