[2025:RJ-JP:17017-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Miscellaneous Appeal No. 1048/2025 1. The State Of Rajasthan, Through Chief Secretary, Government Secretariat, Jaipur. 2. The District Collector, Jaipur. ----Appellants Versus 1. M/s Advent Envirocare Technology Pvt.ltd., Ahmedabad, Address A-1, 8Th Floor, Safal Profitaire, Corporate Road, Satellite, Ahmedabad-Gujarat-380015. Award Holder 2. M/s Sanganer Enviro Project Development, Jaipur, Address-Shop No. 7, Maruti Colony, Opposite Chaudhary Tent House, Sanganer, Jaipur-302029.award Debtor. ----Respondents For Appellant(s) : Mr. Rajendra Prasad, AG assisted by Mr. Tanmay Goyal and Ms. Dhriti Laddha Mr. Sheetanshu Sharma For Respondent(s) : Mr. N.K. Maloo, Senior Advocate and Mr. Ashok Mehta, Senior Advocate assisted by Mr. Pratyush Sharma, Mr. Mudit Singhvi and Mr. Hemant Kothari HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BHUWAN GOYAL Order 22/04/2025 1. The issue of maintainability of an appeal filed under Section 13 of the Commercial Courts Act, 2015, against the order passed by an Executing Court in a proceeding arising out of arbitration was argued at some length. Learned Advocate General on instructions submits that to put an end to the issue, request is that the appeal be converted into writ petition. [2025:RJ-JP:17017-DB] (2 of 2) [CMA-1048/2025] 2. Learned counsel for the respondents on instructions has no serious objection of treating the appeal as writ petition, however submits that the issue with regard to maintainability of the writ petition be kept open. On instructions it is further submitted that the respondents shall not press for the compliance of the order passed by the Executing Court till the next date when the writ is taken up by the Bench. 3. In view of the above, the appeal is ordered to be treated as writ petition. The necessary corrections be carried out by the office. 4. Put up on 06.05.2025 as agreed by both the counsel for the parties. (BHUWAN GOYAL),J (AVNEESH JHINGAN),J PAYAL/SUDEEPAK/78