Withdrawal of execution case - Subsequent execution case was filed after 18 years - withdrawal of execution case for filing before appropriate forum for want of jurisdiction - Execution petition not barred by limitation.

Citation

AIR 2023 CALCUTTA 195

CALCUTTA HIGH COURT

: AIROnline 2023 CAL 517

BIBHAS RANJAN DE , J.

C.O. No. 230 of 2023, D/- 17 - 4 - 2023

Shyam Sundar Jalan v. R.K.P. Udyog Limited and Ors.

(A)Arbitration and Conciliation Act (26 of

1996), S.31, S.2(1)(e) - Limitation Act (36 of 1963), Art.137 - Execution of arbitral award - Bar of limitation - Withdrawal of execution case - Subsequent execution case was filed after 18 years - Court only allowed prayer for withdrawal and ignored prayer for filing case before forum having jurisdiction - Absence of express liberty in withdrawal order cannot affect period of limitation while decree holder specifically made prayer for withdrawal of execution case for filing before appropriate forum for want of jurisdiction - Execution petition not barred by limitation. AIROnline 2017 PandH 25, Distinguished. (Para 13)