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2025 DAILYLAW 81045 (PNJ)

JYOTI AND ANOTHER v. UNION OF INDIA AND OTHERS

CR/4667/2025 · 2025-07-23

Jasgurpreet Singh Puri

body2025

Judgment text

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CR-4667-2025 -1- 115 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** CR-4667-2025 Date of Decision: 23.07.2025 **** Jyoti and another ..... Petitioners Versus Union of India and others ..... Respondents CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present: Ms. Rashika Bansal, Advocate for the petitioners. **** JASGURPREET SINGH PURI , J. (ORAL) 1. The present revision petition has been filed under Article 227 of the Constitution of India seeking directions for expeditious disposal of Execution Application No.210 of 2020 dated 17.09.2020, titled “Jyoti and another Vs. Union of India and others” pending before the learned ADJ Court, Jalandhar for enforcement of award dated 02.03.2020 (Annexure P- 1). 2. Learned counsel appearing on behalf of the petitioners submitted that it is a case where the aforesaid Execution Application No.210 of 2020 dated 17.09.2020 is pending before learned Executing Court from the year 2020 and has been adjourned from time to time. He further submitted that in pursuance of the judgment of Hon'ble Supreme Court in “Periyammal (Dead) and others Versus V. Rajamani and another”, 2025 SCC Online SC 507, all the Executing Courts are bound to decide the execution applications within a period of six months. He submitted that there is no interim order of any Court staying the execution proceedings and this aspect is also reflected in the order dated 20.02.2025 passed by the learned Bhumika Bhati 2025.07.31 17:42 I attest to the accuracy and integrity of this document chandigarh CR-4667-2025 -2- Additional District Judge, Jalandhar, which is the Executing Court, where rather a query was raised as to whether there is any stay or not. He further submitted that not only this, even the objections under Section 34 of the Arbitration and Conciliation Act, 1996 were also dismissed and there is no interim order from any higher Court or any other Court whatsoever. He also submitted that in pursuance of the aforesaid judgment passed by Hon'ble Supreme Court in Periyammal (Dead) and others Versus V. Rajamani and another (Supra), even this High Court through the Registrar General has issued specific directions to the learned Executing Court dated 03.04.2025 directing that all the Judicial Officers shall ensure that all the execution petitions (except those stayed or ordered to be adjourned beyond date fixed by/before Hon'ble High Court) pending in various courts are decided and disposed of within a period of six months starting from 01.04.2025 without fail. He submitted that the aforesaid execution application has still not been decided and in a similar case such directions were also issued by a Co- ordinate Bench of this Court vide Annexure P-5 to the learned Executing Court to decide the execution application expeditiously, preferably within four months from the date of receipt of the certified copy of the order. He submitted that similar directions may be issued to decide the execution application within a period of four months from the date of receipt of certified copy of the order. 3. After hearing the submissions made by the learned counsel for the petitioners and in pursuance of the aforesaid judgment of Hon'ble Supreme Court in Periyammal (Dead) and others Versus V. Rajamani and another (Supra), this Court is of the considered view that the present petition can be disposed of even without issuing notice to the respondents Bhumika Bhati 2025.07.31 17:42 I attest to the accuracy and integrity of this document chandigarh CR-4667-2025 -3- because the only limited prayer of the petitioners is seeking a direction to the Executing Court to decide the execution application within a time framework in view of the judgment of Hon'ble Supreme Court as aforesaid. 4. Consequently, the present petition is allowed. The Executing Court is directed to consider and decide Execution Application No.210 of 2020 filed by the petitioners, if the same is pending, within a period of four months from the date of receipt of the certified copy of this order, if there is no interim order of stay. 23.07.2025 (JASGURPREET SINGH PURI) Bhumika JUDGE 1. Whether speaking/reasoned: Yes/No 2. Whether reportable: Yes/No Bhumika Bhati 2025.07.31 17:42 I attest to the accuracy and integrity of this document chandigarh