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2025 DAILYLAW 132092 (ALL)

MUNICIPAL CORPORATION LUCKNOW THRU. MUNICIPAL COMMISSIONER LUCKNOW CITY, LKO. AND ANOTHER v. M/S LION SERVICES LTD. NEW DELHI,DIRECTOR-DR. JATINDRA PAL BAKSHI AND ANOTHER

A227/1870/2025 · 2025-04-03

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18673 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1870 of 2025 Petitioner :- Municipal Corporation Lucknow Thru. Municipal Commissioner Lucknow City, Lko. And Another Respondent :- M/S Lion Services Ltd. New Delhi,Director-Dr. Jatindra Pal Bakshi And Another Counsel for Petitioner :- Sarvesh Kumar Dubey Hon'ble Pankaj Bhatia,J. 1. Heard Sri Sanjay Bhasin, learned Senior Advocate assisted by Sri Sarvesh Kumar Dubey, learned Counsel for the petitioners. 2. The present petition has been filed by the petitioners challenging the order dated 20.03.2025. 3. The facts that emerge are that an arbitration award was passed, against which, an application under Section 34(3) of the Arbitration and Conciliation Act, 1996 was filed, which was reported to be beyond the period of limitation, as such, an application has been filed under Section 5 of the Indian Limitation Act for condonation of delay. The same is said to be pending and no order has been passed as yet. Simultaneously, the decree holder in terms of the award has moved an execution application. 4. It is argued by the Counsel for the petitioners that a stay application has also been filed seeking staying of the execution of the award passed against the petitioners, which is also pending. 5. In view of the fact that the delay is yet to be condoned, the Counsel for the petitioners thus argues that on the one hand, the delay condonation application as well as the stay application is pending and on the other hand, the execution is being pressed and the accounts have been attached in pursuance to the said execution. 6. Considering the fact that the accounts of the petitioners have been attached, the present petition is disposed off directing the Commercial Court No.1, Lucknow to decide the delay condonation application filed by the petitioners as well as the stay application with two weeks from today. 7. The execution shall not be proceeded for a period of two weeks. Order Date :- 3.4.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench