1 2026:CGHC:2279 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 6 of 2026 1 - Smt. Savitri Verma W/o Shri Pilaram Verma Aged About 74 Years R/o Village- Thelki, P.S. Palari, Tah. And Distt. Baloda Bazar (C.G.) 2 - Pilaram Verma S/o Shri Kehar Singh Aged About 76 Years R/o Village Thelki, P.S. Palari, Tah. And Distt. Baloda Bazar (C.G.) ... Petitioners versus M/s Indusind Bank Limited, Office Shop No. 340-345, 3rd Floor, Ravi Bhavan, Jaistambh Chauk, Raipur Distt. Raipur (C.G.) ... Respondent For Petitioner : Mr. Manoj Kumar Sinha, Advocate For Respondent : None Hon’ble Shri Sachin Singh Rajput Judge Order on Board 14/01/2026 1. This writ petition has been filed by the petitioners seeking for following reliefs. “1. That the Hon'ble Court be pleased to call for the entire records in connection of the petitioner's cases. ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.01.20 10:38:58 +0530 2 2. That the Hon'ble Court be pleased to set aside the impugned order/notice dated 22.09.2025 passed by the learned 3rd Additional District Judge, Baloda Bazar in Transfer Decree No.15/2024 and also Quash the execution proceedings initiated against the Petitioners pursuant to the ex parte arbitral award dated 24.11.2017. 3. That the Hon'ble Court be pleased to hold that the ex parte arbitral award dated 24.11.2017 is not fit for execution, having been passed without proper service, hearing, and consideration of relevant material. 4. That the Hon'ble Court be pleased to Direct the Executing Court to reconsider the matter strictly in accordance with law after examining the legality and executability of the arbitral award. 5. Any other relief, which the Hon’ble Court may deem fit and necessary in the circumstances of the case be also passed. 6. That the cost of the petition be also awarded to the petitioners.” 2. Learned counsel for the petitioners submits the ex parte award dated 13th November, 2017 was passed by the sole arbitrator whereby, the petitioners were directed to pay sum of Rs.149471/- with 3,000/- arbitrators fees Rs.5,00/- for cost. 3. The award was passed at Chennai and was put to execution at before the 3rd Additional District Judge, Baloda Bazar, which was registered as transfer decree-15/2024. He submits that the award was passed ex parte thus is liable to be set aside. He further submits that the award was passed in the year 2017 and 3 the execution is filed in the year 2024. Thus the execution proceedings is liable to be set aside. 4. Heard the learned counsel for the petitioner and perused the record. 5. The award is filed as Annexure-P4. It appears that the award is passed in the light of the provisions contained in Arbitration and Conciliation Act, 1996 ( for short Act of 1996) the petitioner had a remedy to challenge the same under Section 34 of the Act of 1996. Thus, this Court is not inclined to set aside the award. So far as the other argument that the execution cannot take place is misconceived. from the documents of it appears that the transfer decree was received by the learned District Judge which was put to execution. Until and unless the award passed in favour of the respondent is set aside, the execution cannot be any set aside. 6. Accordingly, the writ petition is dismissed. Sd/- (Sachin Singh Rajput) JUDGE Arpan