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Mere Filing Of Curative Petition Is Not A Ground To Stay Proceedings Of Execution Petition: Orissa High Court Affirms

Jyoti Prakash Dutta
20 May 2022 6:15 AM GMT
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The Orissa High Court has confirmed the judgment of an Executing Court, which held that mere filing of curative petition does not constitute a ground to put a stay on the proceedings of execution petition.

In light of the dispute between the parties in the present case, the Petitioners (State) had challenged the award and, thereafter filed an appeal in the Supreme Court. When the civil appeal went against them in the Supreme Court, the petitioners preferred review. That also went against them. Subsequently, they have filed a curative petition.

Mr. D. Mohanty, Additional Government Advocate, appeared on behalf of petitioners and submitted that order dated 12th April, 2022 passed by the Court of Senior Civil Judge Commercial Court, Bhubaneswar (Executing Court) was made in exercise of its jurisdiction illegally and with material irregularity. He further submitted that the said Court ought to have considered that his client had a right to exhaust civil remedy available by adjudication of the curative petition filed by it in the Supreme Court.

On the other side, Mr. Gautam Mishra, Senior Advocate, appeared on behalf of opposite party and relied on judgment of the Supreme Court in Rahul S. Shah v. Jinendra Kumar Gandhi (2021) and submitted that in the said judgement, the Apex Court held that execution proceeding should be concluded within 'six months'. He referred to order sheet annexed in the petition and brought it to the notice of the Court that the first order passed by the Executing Court was on 15th July, 2021.

Then, the Court highlighted that the Executing Court said in impugned order that merely filing of curative petition is not a ground to stay the further proceeding of the execution petition and rejected petitioners' prayer for stay.

In aforesaid circumstances, Single Bench of Justice Arindam Sinha did not find that the executing Court proceeded illegally in exercise of its jurisdiction, or there is material irregularity in impugned order. Accordingly, the writ petition was dismissed.

Case Title: State of Odisha & Ors. v. Larsen and Toubro Ltd.

Case No.: W.P.(C) No. 11989 of 2022

Order Dated: 19th May 2022

Coram: Justice Arindam Sinha

Counsel for the Petitioners: Mr. D. Mohanty, Additional Government Advocate

Counsel for the Respondent: Mr. Gautam Mishra, Senior Advocate

Citation: 2022 LiveLaw (Ori) 74

Click Here To Read/Download Order

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