- (1.) The Court: Award holder seeks execution of the award dated August 21, 2008.
(2.) Learned advocate appearing for the award holder draws the attention of the Court to the various orders passed in the execution proceedings from time to time. He submits that, on a Special Leave Petition directed against an order passed by the Division Bench granting unconditional stay of the award, the Supreme Court, by a judgment and order dated July 12, 2019 set aside such order of unconditional stay. The Supreme Court restored the order dated October 3, 2018 passed by the executing Court in the execution petition. The Supreme Court allowed the award holder to pray for release of the attached amount. He submits that, subsequent to the order dated July 12, 2019 the award holder approached the Executing Court when an order dated July 18, 2019 was passed by the Executing Court. The Executing Court observed that a fresh execution application was required. The award holder approached the Supreme Court for clarification of the order dated July 12, 2019 when the Hon'ble Supreme Court directed the award debtor to release the attached amount within a period of eight weeks from the date of the order. The award debtor not having done so, the award holder approached the Supreme Court by way of a contempt petition when, the award debtor complied with the order of the Supreme Court. He submits that, after giving credit to the amount received from the award debtor, a sum of Rs.4,31,92,814/- remains due and payable by the award debtor to the award holder. He seeks an order of attachment of such sum and a direction of payment of the sum to the award holder.
(3.) Learned advocate appearing for the State submits that, a petition under Section 34 of the Arbitration and Conciliation Act, 1996 in respect of a connected award is in the midst of final hearing before the Court in seisin of such proceeding. The present award is also under challenge and there is a petition under Section 34 of the Act of 1996 pending with regard thereto. Therefore, he seeks time for the Court to consider and decide such petition.;