DEEPAK ARORA Vs. VIJAY KHANNA

JUDGEMENT

(1.) THE respondent/judgment debtor has moved the present application under Section 151 of the Code of Civil Procedure, 1908 (in short 'CPC') ostensibly for recalling an order, but without mentioning the date of the order or the proceedings relating to that order and instead it is prayed that "this application may very kindly be allowed and execution petition filed by the decree holder/non -applicant may kindly be dismissed being not maintainable." An omnibus prayer to the effect that "any other suitable relief as may be deemed just and fit in the facts and circumstances of the case may kindly be granted in favour of the applicant and against the non applicant.", has also been made.

(2.) THE factual matrix giving rise to filing of the present application may be noticed first. The main petition being Execution Petition No. 10 of 2013, Sh. Deepak Arora & another Vs. Vijay Khanna has been filed by the petitioners/decree holders seeking to execute the award dated 1.12.2012, passed by the sole Arbitrator, Justice D.P. Sood, J (Retd), pursuant to a dispute between the parties, which admittedly was subject matter of an arbitration clause contained in the agreement between them. It is further admitted case of the parties, who for the sake of convenience shall hereinafter be referred to as the decree holders (in short 'DHs') and judgment debtor (for short 'JD'), that the award is in favour of the DHs and against the JD.

(3.) FURTHER indisputably, the aforesaid Arbitration Case No. 4015 of 2013 filed by the JD under Section 34 of the Act was disposed of as withdrawn vide order dated 10.12.2013, passed by a coordinate Bench of this Court with liberty reserved to the JD "to file fresh objections, strictly in accordance with law, as advised." A self attested true copy of this order is on the record at pages 150 and 151.