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2025 DAILYLAW 58280 (CHH)

CHANDRABHAN MARAVI v. STATE OF CHHATTISGARH

WPC/5542/2025 · 2025-11-05

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:54033 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5542 of 2025 Chandrabhan Maravi S/o Shri Tulsi Maravi Aged About 45 Years R/o Ghusariya Para, Village Murmur, Post Kodgar, Tahsil Sakola, Distt. Gaurella-Pendra-Marvahi Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through Collector, Distt. Gaurella-Pendra-Marvahi Chhattisgarh 2 - M/s Chholamandalam Invest And Finance Company Limited Registered Office Der House No. 2 N.S.C. Bos Road, Cheenai - 60001 Through Its Branch Manager, Chholamandalam Invest And Finance Company Limited, Ward No. 21, Beside Bhaiyalal Petrol Pump, Ambikapur Road, Chainpur, Manendragarh Tahsil Manendragarh Distt. Koria Chhattisgarh 3 - Additional District Judge (Delete) As Per Honble Court Order Dated 30-10-2025 ... Respondents For Petitioner : Mr. Bharat Lal Dembra, Advocate For Respondent-State : Mr. Shreyansh Mehta, Panel Lawyer Hon’ble Shri Justice Parth Prateem Sahu, Judge Order on Board 06.11.2025 1. Petitioner has filed this writ petition, seeking following reliefs:- 2 “10.1 That, the Hon’ble Court may kindly be pleased to issue a writ or direction, directing the respondent no. 2 to provide the entire details fo loan account with all documents i.e. agreement, statement, copy of award etc forthwith to the petitioner as this Hon’ble Court deems fit. 10.2 That, the Hon’ble Court may kindly be pleased to issue a writ or direction, directing the respondent no. 2 to settle the dispute in accordance with law with petitioner by offering the reasonable and justifiable amount in the interest of justice 10.3 Any other relief, which may be deemed fit and proper in the facts and circumstances of the case, may also be allowed. An afÏdavit is filed herewith.” 2. Learned counsel for petitioner submits that finance company/respondent no. 2 is not providing any such details of the dues which is to be paid and, therefore, petitioner is not in a position to pay the amount of award. 3. Learned counsel for the State submits that the grievance of petitioner is against respondent no. 2/finance company in whose favor award is passed by the Arbitrator. 4. I have heard learned counsel for respective parties and also perused the documents enclosed along with this writ petition. 5. Perusal of document would show that pursuant to award passed by the Arbitrator, application for execution of award was passed under Section 36 of the Arbitration and Reconciliation of Act, 1996 before the District Judge, Pendra Road, District- Bilaspur, Chhattisgarh. The proceedings were filed on 10.01.2022 and further it appears that petitioner participated in the proceedings through his advocate and caused his appearance through his advocate on 24.06.2022. The order sheets which are enclosed with this writ petition does not reflect that petitioner at any point of time have made any submission or submitted any application before the executing Court showing that for such and such reasons he is unable to deposit the amount and have sought for details and calculation of the amount which is forming part of the 3 award. 6. Further order sheet of the executing Court would reflect that petitioner has himself made a submission that he wants to deposit the amount and have sought time on multiple occasions. The petitioner has also not submitted any document in form of the application submitted before the respondent no. 2 the financier, asking him the details of the dues which is forming part of award. In absence of any steps taken by the petitioner since last about three years even after participating in the execution proceedings, I do not find any good ground to grant any relief as sought by the petitioner in this writ petition. 7. Accordingly, this writ petition is dismissed. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.07 13:35:59 +0530