EXECUTIVE ENGINEER,PROVINCIAL PUBLIC WORKS DEPARTMENT,ORAI,JALAUN v. M/S SHANTI CONSTRUCTION PARTNERSHIP FIRM JHANSI
A227/2509/2025 · 2025-05-06
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 137945 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 137945 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26183 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2509 of 2025 Petitioner :- Executive Engineer,Provincial Public Works Department,Orai,Jalaun Respondent :- M/S Shanti Construction Partnership Firm Jhansi Counsel for Petitioner :- Mayankar Singh Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner and Shri Devendra Pratap Singh, learned counsel for the respondent.
2. The present petition has been filed stating that an order dated 23.04.2025 has been passed by the Executing Court in purported exercise of power under Order 21 Rule 37 of the CPC and the petitioner apprehends arrest by the Executing Court.
3. It is argued by learned counsel for the petitioner that the petitioner is ready and willing to satisfy the award, however, he requires two months time to do so.
4. Considering the mandate of Order 21 Rule 37 CPC, the said provision is only for showing cause as to why the judgement debtor may not be committed to a civil dispute.
5. As the petitioner is ready and willing to pay the amount within a period of two months, the present petition is disposed of permitting the petitioner to file an application before the Executing Court in the form of an affidavit that he would pay the entire decretal amount within a period of two months. On such an application being moved along with affidavit, the Executing Court will adjourn the execution proceedings for a period of two months.
6. It is made clear that in case, no affidavit is filed or the amount is not deposited within a period of two months, the execution proceedings shall proceed in accordance with law.
7. It is further made clear that no further time shall be granted beyond the period of two months. Order Date :- 6.5.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench