1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 311 of 2025 1 - Lalan Singh Kushwaha S/o Rambalak Singh Kushwaha Aged About 53 Years R/o House No. 01, Near Bus Stop Village Mohra Dongargarh District - Rajnandgaon (C.G.) 2 - Nisha Singh Kushwaha W/o Lalan Singh Kushwaha Aged About 48 Years R/o House No. 01, Near Bus Stop Village Mohra Dongargarh District - Rajnandgaon (C.G.) ... Petitioner(s) versus 1 - Cholamandalam Investment And Finance Company Ltd. Through The Power Of Attorney Holder Yadav Sarjerao Kamble S/o Sarjerao Branch Kamble Officer Address Shop No. 506 - 509, 5th Floor National Corporate Park Near Anupam Garden Ge Road Raipur District - Raipur (C.G.) ... Respondent(s) For Petitioners : Shri Shivendu Pandya, Advocate. For Respondent : Shri Lukesh Kumar Mishra, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 18.07.2025 1) The petitioners have filed this petition seeking the following reliefs:- “10.1 That, the Hon'ble Court may kindly be pleased to call the entire records of the case. 10.2 That, the Hon'ble Court may kindly be pleased to allow this petition and quash/set aside the order dated 25/01/2025 (Annexure P/1) and also direct the respondent to deliver the possession of the seized trailer to the petitioner in the interest of justice. SMT NIRMALA RAO 2 10.3 Any other relief deemed fit in the facts and circumstances of the case may also be granted.” 2) Learned counsel for the petitioner would submit that an arbitration award was passed by the sole arbitrator on 26.8.2019. He would contend that the petitioner has moved a petition under Section 34 of the Arbitration and Conciliation Act before the District Judge, Raipur, which is currently pending for consideration. He would contend that the respondent has filed an execution application before the District Judge, Rajnandgaon and the execution proceedings are goingon there. An application for stay of execution proceedings was filed before the District Court, Raipur but the same was rejected. He would pray to quash the said order. 3) On the other hand, learned counsel for the respondent would submit that the petitioner ought to have approached the District Judge, Rajnandgaon, where the execution proceedings are pending. 4) Heard. 5) Taking into consideration the submissions made by the respective counsels, this petition is disposed of reserving liberty in favour of the petitioner to move an appropriate application for stay of execution proceedings before the District Judge, Rajnandgaon. The said Court is directed to consider and decide such application, expeditiously, and strictly in accordance with law. However, the petitioner would be at liberty to revive his prayer, if cause of action subsists. Sd/- (Rakesh Mohan Pandey) Judge Nimmi