(1.) On order dtd. 26/5/2023 passed by the learned Commercial Court, East Khasi Hills, Shillong in Commercial Arbitration Execution Case No. 4 of 2018 is under scrutiny in these proceedings brought about by the filing of an application under Article 227 by the petitioner herein.
(2.) Heard Mr. T.T. Diengdoh, learned Sr. counsel for the petitioner, who has led this Court to the background of the case leading to the passing of the impugned order aforesaid, which runs as follows:
(3.) The learned Sr. counsel went on to submit that Sec. 82 of the Code of Civil Procedure is applicable only where in a suit/case is filed by or against the Government or by or against a Public Officer in his official capacity, a decree is passed against the Union of India or a State, such decree shall not be executed unless it remains unsatisfied for a period of three months. Union and State being referred to means the Central and State Government respectively.