ANUBHA RAWAT CHOUDHARY, J. - (1.) Heard Mr. Krishna Murari, counsel appearing on behalf of the petitioner.
(2.) Heard Mr. Pandey Neeraj Rai, counsel appearing on behalf of the respondents alongwith Mr. Rohit Ranjan Sinha, Advocate and Mr. Akchansh Kishore, Advocate.
(3.) This writ petition has been filed for the following relief: a) "For quashing the order dated 03.10.2018 (Annexure - 8) passed by ld Presiding Officer, Commercial Court passed by the Court of Sri Rajeev Anand, AJC XIII Cum Presiding Officer, Commercial Court, Ranchi in Execution Case No.07/2017, whereby and where under the Preliminary show cause filed on behalf of the petitioner / judgment debtor (on the ground of Award Turn Decree being inherently nullity and thereby none executable) has been refused to be entertained, holding the right to file the show cause stands forfeited after expiry of 120 days from the date of service of notice, as per Order - VIII, Rule - I of the CPC to be read with Section 16 of the Commercial Court Act, which is erroneous on both on law and fact. b) Consequently, for direction upon the Learned Commercial Court, Ranchi to accept the Preliminary Show Cause and further objections within the meaning of Section 47 of the CPC and to consider the same in accordance with law, as has been prayed for in the preliminary show cause (Annexure - 7). c) Further to declare and hold that where the Award/Decree is nullity being void ab-initio, the objection as such can be setup even at any stage before of execution or even in other collateral proceeding in as much as under Order - XXI CPC, No Time Limit has been prescribed for the same and whereas Order - VIII, Rule - I applies only in the original suit/commercial dispute within the meaning of the Commercial Court Act for filing W.S."? ;