DESH RAJ Vs. SHRIRAM CITY UNION FINANCE LTD

JUDGEMENT

(1.) The present petition, under Article 227 of the Constitution of India, is maintained by the petitioner, against the order dated 03.01.2017, passed by learned District Judge, Bilaspur, District Bilaspur, H.P., in execution petition No. 62/10 of 2016, whereby warrant of attachment against the property of the petitioner, after granting single opportunity to him for filing objections, has been issued.

(2.) Briefly, the facts, giving rise to the present petition are that the respondent filed an execution petition for execution of arbitration award, dated 23.06.2015, in arbitration case No. 2015/HP/18 and during commencement of the arbitration proceedings, the petitioner has been proceeded ex parte. It has been alleged that such award has been passed behind the back of the petitioner and he had no knowledge of the arbitration proceedings, as also, he was never supplied the copy of award. It has further been alleged that vide order, dated 15.06.2016 (Annexure P-2), learned District Judge, Shimla, H.P. transferred the above said execution petition to the learned District Judge, Bilaspur, H.P. alongwith communication and relevant certificates, under Order 21, Rule 6 CPC. Thereafter, the petitioner was summoned by the learned Court below and was granted opportunity to file objections to the execution petition and further the case was fixed for 03.01.2017 for filing of objections/consideration. It has been alleged that the copy of execution petition was never supplied to the petitioner, however the petitioner though applied for the same through copying agency, but the same could not be prepared since the application for copy made by the petitioner got misplaced, as such, the petitioner could not file objections on the date fixed, thus warrant of attachment against the property of the petitioner has been issued. Hence the present petition.

(3.) I have heard the learned counsel for the parties and gone through the record in detail.