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High Court of Himachal Pradesh · body

2025 DAILYLAW 30285 (HP)

INDUSIND BANK LTD v. AVTAR CHAND AND ANOTHER

CMPMO/191/2023 · 2025-11-03

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:36799 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 191 of 2023 Decided on : 03.11.2025 Indusind Bank Ltd. …Petitioner Versus Avtar Chand and another …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Mr. Ashwani Kaundal, Advocate. For the respondents : Mr. Deepankar Bagga, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has challenged order dated 21.07.2022, passed by learned District Judge, Una, District Una, in Execution Petition No. 120/2019, in terms whereof, the execution petition filed by the present petition was dismissed, by holding that the Award was a nullity in light of the law declared by Hon’ble Supreme Court of India in TRF Limited Vs. Energo Engineering Projects Limited (2017) 8 SCC 377. 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:36799 2. Having heard learned counsel for the parties, as this Court finds no infirmity in the impugned order, therefore, as prayed for, these proceedings are closed, but with liberty to the petitioner to invoke the remedy of recovery of the amount in accordance with law, either by way of fresh arbitration or otherwise. It goes without saying that the time that has been spent by the petitioner while pursing the arbitral remedy, shall be taken into consideration by the Courts concerned while calculating limitation. 3. The petition is disposed of in above terms. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge November 03, 2025 (Shivank Thakur)