EXECUTIVE ENGINEER Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THE present review application has been filed for recalling of the order dated 28.9.2004 passed in Writ Petition No. 48 of 2004. Briefly stated in pursuance of the award dated 6.3.2002, the respondent No. 2 Umesh Chandra started execution proceedings. In the meantime objections under section 34 of the Arbitration Act was filed on 24.10.2002 alongwith an application under section 5 of the Limitation Act, on behalf of the petitioner. The execution proceedings were pending and ultimately on 17.1.2004 attachment order was passed under Order XXI, Rule 54, C.P.C. attaching the property of the judgment debtor. The present writ petition has been filed challenging the said order. The relief sought in the writ petition are as under:

(2.) IN paragraph No. 2 of the review petition it has been stated that against the rejection of application under section 5 of the Limitation Act on 3.2.2003, the petitioner has preferred civil revision, which is pending being Revision No. 16 of 2003.

(3.) IN view of the aforesaid facts and circumstances, it will not be proper to enter into the controversy as to whether the provisions of section 5 of the Limitation Act, are applicable in the proceedings under Arbitration Act in view of sub -section (3) of section 34 of the Arbitration Act. This question being pending in Revision No. 16 of 2003 as well as in Revision No. 17 of 2003 arising out of the same proceedings, therefore, I decline to enter in the said controversy.