M/S. MAGMA LEASING LTD. Vs. BADRI VISHAL

JUDGEMENT

(1.) Heard Sri C.K. Parekh, learned Senior Counsel assisted by Sri Kumar Ankit Srivastava, learned counsel for the petitioner, and Sri Amit Manohar, learned Additional Chief Standing Counsel.

(2.) The present petition filed under Art. 226 of the Constitution of India principally seeks a writ of certiorari for quashing of the order dated 1/2/2010 passed by the Special Judge, SC/ST Act, Mirzapur in Misc. Case No. 103 of 2008 arising out of Execution Case No. 02 of 2006 (M/s Magma Leasing Limited Vs. Badri Vishal and others.

(3.) Pleadings of the case indicate that an award dated 30/12/2005 was passed in favour of the petitioner and for enforcement of the said award, an application under Sec. 36 of the Arbitration and Conciliation Act, 1996 was moved. The aforesaid application came to be dismissed by the Special Judge, SC/ST Act, Mirzapur on 23/2/2008 due to non-appearance on behalf of the applicant. An application for restoration was moved which was also rejected on 1/2/2010 on the ground of being barred by limitation. It is at this stage that the present writ petition was filed.