SANJAY GUPTA Vs. SURESH KUMAR MISHRA

JUDGEMENT

(1.) Heard Mr.Prashant Singh Gaur and Mr.Vikrant Singh, learned counsel for petitioner and Mr. Virendra Mishra, assisted by Ms. Shraddha Mishra, learned counsel for opposite party no.1. Opposite party no.2 being merely the Court concerned and being a proforma party, notices are dispensed with.

(2.) Petition under Article 227 of the Constitution of India has been filed challenging order dtd. 1/4/2023 passed in Misc. Case No.48 of 2023(Execution Case No.94 of 2020) whereby objections preferred by petitioner being judgment debtor, purportedly under Sec. 47 of the Code of Civil Procedure, 1908 has been rejected.

(3.) Learned counsel for petitioner submits that the parties to the dispute entered into a builders agreement dtd. 10/11/1996 with regard to the property in question but due to disputes arising out of the aforesaid agreement, the same was referred for adjudication to the sole arbitrator in an application filed under Sec. 11(6) of Arbitration and Conciliation Act, 1996(hereinafter referred to as the Act of 1996). Award in the same was pronounced on 12/1/2007 against petitioner and 19 others. Father of petitioner filed an Application under Sec. 34 of the Act of 1996 bearing Regular Suit No.11 of 2007 which was dismissed by means of judgment and order dtd. 25/7/2012. Against aforesaid judgment and order, Appeal under Sec. 37 of the Act was preferred bearing F.A.F.O. No.1040 of 2012 in which initially interim orders were passed but the same was dismissed in default of appearance on 30/1/2017. Restoration Application was also dismissed for want of prosecution whereafter a second application for restoration was filed. The same was also dismissed although a third Restoration Application is pending consideration.