ASHOK LEYLAND LIMITED Vs. SOLAPUR MUNICIPAL TRANSPORT UNDERTAKING

JUDGEMENT

(1.) Challenge in this petition under Article 227 of the Constitution of India is the order dated 21 st October 2022, passed by the Executing Court rejecting application to execute award dtd. 16/4/2019.

(2.) The Arbitrator passed an award on 16/4/2019, holding petitioner entitled to Rs.21,32,58,592.00 along with the interest at the rate of 10% per annum from 1/3/2015, till the date of realization. Moreover, petitioner is held to be entitled to sum of Rs.4,54,06,000.00 along with the interest on the fix deposit receipts and he is further directed to pay interest at the rate of 10% per annum from the date of maturity till the date of realization.

(3.) The petitioner filed execution application before the executing Court. In the said execution petition, petitioner filed an application under Order 21 Rule 31 of the Code of Civil Procedure, 1908 in relation to Clause 2 of the operative part of the award as regards fix deposits. The Executing Court rejected said application holding that such application is not maintainable as Order 21 Rule 31 is applicable only to a decree specifying specific movable share in movable property.