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2026 DAILYLAW 9599 (CHH)

CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED v. M/S SURYA METALS AND CONSTRUCTION

WP227/48/2026 · 2026-04-29

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 2026:CGHC:20284 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 48 of 2026 1 - Cholamandalam Investment And Finance Company Limited At- No. 45 Justice Basheer Ahmed Sayeed Building, 2nd Floor, 2nd Beach, Moore Street, Perrys Chennai, 600001, Branch Office At- Malviya Tower, Akashwani Road, Nayapara, Jadalpur, District Bastar, C.G. , Being Represented By Its Regional Legal Manager Manish Shukla, S/o Lt. D.L. Shukla ... Petitioner(s) versus 1 - M/s Surya Metals And Construction Represented By Its Partner At- Bhadouriya Bhavan, Nayapara, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh 2 - Shakti Singh Chouhan S/o Lt. Vijaypal Singh Chouhan Aged About 54 Years At- Vijay Shri Bhavan, Shanti Nagar Ward, Jagdalpur, District : Bastar(Jagdalpur), Chhattisgarh ... Respondent(s) For Petitioner(s) : Shri Akash Mishra, Advocate For Respondent(s) : None present SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2026.05.02 12:03:38 +0530 2 (Hon’ble Shri Justice Ravindra Kumar Agrawal) Order on Board 30/04/2026 As per the office report, notice issued to respondents has been served. However, none appears on behalf of the respondent to pursue their Case. Heard. The present writ petition under Article 227 of the Constitution of India has been filed seeking, inter alia, the following reliefs: “1. This Hon’ble Court may kindly Issue an appropriate writ, order or direction directing the learned Trial/Executing Court to expeditiously conclude the execution proceedings pending before it in Transfer Execution Case No. 20/2023 titled “Cholamandalam Investment and Finance Company Limited vs. M/s Surya Metals and Construction & Anr.”, within a limited time frame, of 1 month and also direct the court to allow the undisputed claim over the amount kept in the bank account owned by the debtor firm ie. account No. 10120200007498 at Bank of Baroda, Jagdalpur branch and forfeit the same in favor of the petitioner in the interest of justice. 2. This Hon’ble Court may pass such other and further order(s)/direction(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.” 2. Learned counsel for the petitioner submits that the execution 3 proceedings, arising out of the arbitral award in Cholamandalam Investment and Finance Company Limited vs. M/s Surya Metals and Construction & Anr., are pending since 17.01.2023 and have not attained finality. It is, therefore, prayed that this Court may issue appropriate directions for expeditious disposal of the said proceedings, within a reasonable period of time. 3. I have heard learned counsel for the petitioner and perused the material available on record. 4. From the order-sheets appended with the writ petition, it is evident that the execution proceedings are pending consideration before the learned Executing Court since 17.01.2023. 5. In view of the aforesaid, and having regard to the nature of the dispute, this Court deems it appropriate to direct the learned Executing Court to make an earnest endeavour to conclude the execution proceedings within a reasonable period of time, subject to cooperation of the parties. While issuing the aforesaid direction, this Court also takes note of the law laid down by the Apex Court in Periyammal (Dead) through LRs & Ors. vs. V. Rajamani & Anr., decided on 6th March, 2025 (2025 INSC 329) Para 75, wherein it has been emphasized that execution petitions should ordinarily be decided and disposed of within a period of six months. It has been reproduced as under: “75. In view of the aforesaid, we direct all the High Courts across the country to call for the necessary information from their respective district judiciary 4 as regards pendency of the execution petitions. Once the data is collected by each of the High Courts, the High Courts shall thereafter proceed to issue an administrative order or circular, directing their respective district judiciary to ensure that the execution petitions pending in various courts shall be decided and disposed of within a period of six months without fail otherwise the concerned presiding officer would be answerable to the High Court on its administrative side. Once the entire data along with the figures of pendency and disposal thereafter, is collected by all the High Courts, the same shall be forwarded to the Registry of this Court with individual reports." 6. Accordingly, the learned Executing Court is directed to proceed with the matter expeditiously and endeavour to conclude the execution proceedings at the earliest in accordance with law. 7. With the above observations and directions, the writ petition stands disposed of. 8. Pending interlocutory application(s), if any, also stand disposed of. Sd/- (Ravindra Kumar Agrawal) Judge