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Neutral Citation No. - 2025:AHC:12850 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 11049 of 2024 Petitioner :- M/S Media 24*7 Respondent :- Agra Nagar Nigam Counsel for Petitioner :- Saurabh Basu Counsel for Respondent :- Shyam Mani Shukla Hon'ble Piyush Agrawal,J. Heard learned counsel for the petitioner and learned counsel for the respondent. By means of present petition, the petitioner is assailing the order dated 16.8.2024 passed in Execution Case No. 451 of 2023 (M/s Media 24x7 Vs. Agra Nagar Nigam) on the ground that Executing Court has exceeded its jurisdiction in imposing the condition for release of amount.
Learned counsel for the petitioner submits that the award has been passed against which the respondent could not succeed up to the stage of this Court, therefore, in the execution proceedings, the executing court has exceeded its jurisdiction in holding the condition for release of the amount.
Learned counsel for the respondent could not dispute the said contention of the counsel for the petitioner. After hearing learned counsel for the parties, the Court has perused the record. It is not in dispute that award dated 22.12.2021 was made in favour of the petitioner against which the respondent could not succeed up the stage of this Court. Thereafter in the execution proceeding, the impugned order has been passed imposing the condition for release of the amount. It is not open for the executing Court to go beyond the award and the executing court is bound to act in terms of the decree / award. In the instant case, there is no condition imposed upon the petitioner in the arbitral award/ decree, therefore, the executing court is not permissible to exceed its jurisdiction. Hon'ble the Apex Court in the case of State of Punjab and others
Vs. Krishan Dayal Sharma, AIR 1990 SC 2177 has specifically held that executing Court cannot go beyond the award and if any condition is imposed that amounts to exceed the jurisdiction of the executing Court. In view of above, the impugned order dated 16.8.2024 is modified to the extent that condition imposed for release of the amount is expunged. The writ petition is allowed accordingly.
Order Date :- 24.1.2025 Rahul Dwivedi/- Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad