KALYAN CHAUHAN Versus THE EXECUTIVE ENGINEER OMP-1394 of 2025 in EX.P - 3 of 2017 17.12.2025 Present: Mr. C.N. Singh, Advocate, for the applicant/petitioner. Mr. Nitin Thakur, Advocate, for non- applicant/respondent No.1. Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan and Mr. Anish Banshtu, Deputy Advocates General, for non-applicants/respondents No.2 & 3. By way of instant application filed under Section 151 of the Code of Civil Procedure, prayer has been made on behalf of applicant/petitioner (for short, ‘decree holder’) for release of award amount, lying deposited with the Registry of this Court. 2. Despite repeated opportunities, no reply to the application has been filed and as such, this Court has no option but to decide the same on the basis of material already available on record. 3. Careful perusal of averments contained in the afore application, which is duly supported by affidavit, reveals that on account of some dispute inter se decree holder and non-applicants/respondents (for short, ‘judgment debtor’), matter came to be referred to the learned Arbitrator, who vide Award dated 16.06.2016, awarded sum of 31,09,963/- in favour of the decree ₹ holder. 4. Though being aggrieved and dissatisfied with the aforesaid Award passed by the learned Arbitrator, judgment debtor preferred objections under Section 34 of the Arbitration and Conciliation Act, but on account of change in pecuniary jurisdiction, same came to be transferred to the Court of learned District Judge, Shimla, who subsequently vide judgment dated 13.08.2025 (Annexure A-2) dismissed the objections filed by the judgment debtor. 5. More than four months have passed after the passing of judgment dated 13.08.2025 by the learned District Judge, Shimla, but till date, neither amount deposited by the judgment debtor in the instant execution petition has been released in favour of the decree holder nor judgment debtor has adduced on record any document, suggestive of the fact that judgment dated 13.08.2025 passed by the learned District Judge, has been stayed, varied or modified by the superior Court of law. 6. Though being aggrieved and dissatisfied with the judgment dated 13.08.2025 passed by the learned District Judge, judgment debtor could have filed an appeal under Section 37 of Arbitration and Conciliation Act before the superior Court of law within a period of 90 days, but since till date no appeal has been filed, prayer made in the instant application for release of award amount deserves to be allowed. 7. Moreover, this Court finds that prior to filing the application at hand, prayer made on behalf of the decree holder for release of award amount in the instant execution petition was considered by this Court, while disposing of the main execution petition vide order dated 22.08.2019 (Annexure A-1), whereby this Court having taken note of judgment passed by the Hon’ble Apex Court in Board of Control for Cricket in India Vs. Kochi Cricket Private Limited and Others, (2018) 6 SCC 287, wherein it came to be held that mere filing of objection under Section 34 of the Arbitration and Conciliation Act, would not amount to stay of the award, ordered release of award amount in favour of the decree holder, subject to his furnishing bank guarantee, but since decree holder was unable to furnish bank guarantee, amount in terms of aforesaid order dated 22.08.2019 could not be released to the decree holder. 8. Now since objection under Section 34 filed by the judgment debtor already stands dismissed and there is nothing on record that appeal, if any, has been filed against the judgment passed by the learned District Judge, thereby upholding the Award passed by the learned Arbitrator, this Court sees no impediment in ordering release of the Award amount lying deposited with the Registry of this Court in favour of decree holder, subject to his furnishing affidavit to the effect that in the event of appeal being allowed, if any, filed at the behest of judgment debtor, he shall refund the amount along with up-to-date interest. 9. Consequently, in view of the above, present application is allowed and Registry is directed to release the Award amount with up-to-date interest in favour of decree holder by remitting the same in the bank account, as detailed in Para No.7 of the application, subject to verification. Needless to say, amount, if any deposited in excess of arbitral amount, shall be refunded to the judgment debtor by remitting the same in its bank account, details whereof shall be furnished by learned Additional Advocate General within a period of two weeks. Application stands disposed of. December 17, 2025 (Sandeep Sharma), (Rajeev Raturi) Judge