PATNA, India, Feb. 12 -- Patna High Court issued the following judgment on Jan. 12:

1. Instant Civil Misc. Application has been filed for grant of following relief/s :-

(i) For setting aside the order dated 20.08.2025 passed by the Learned Principal District Judge, Patna in Execution case No. 269 of 2022 (M/s N.R. Construction Pvt. Ltd. Vs. The Project Engineer and ors.), whereby the petition dated 04.07.2025 of the award holder/respondent was allowed and the vacant land admeasuring 5000 Sq. Ft., within the campus of Indira Gandhi Science Complex in the eastern side of the building at Bailey Road, Patna is attached.

(ii) For setting aside the order dated 27.08.2025 passed by Learned Principal District Judge, Patna in Execution Case No. 269 of 2022 (M/s N.R. Construction Pvt. Ltd. Vs. The Project Engineer and ors.), whereby the Learned Court has directed the judgment debtor i.e. present petitioners to deposit the award amount of Rs. 4,01,14,669 alongwith interest of Rs. 5,090/- per day before the learned Court completely ignoring that the award under execution dated 21.12.2005 has already been modified by the Hon'ble High Court, Patna vide order dated 21.12.2011 passed in Misc. Appeal No. 689 of 2008 and as such the award sought to be executed is not even in existence. Further the learned court below has also ignored that the amount due to the award holder in terms of the modification pursuant to order dated 21.12.2011 passed in M.A. No. 689 of 2008 has already been paid in the year 2017 itself.

(iii) For the stay of the impugned orders dated 20.08.2025 as also order dated 27.08.2025 passed in Execution Case No. 269 of 2022 till the final disposal of the instant Civil Misc. Application.

(iv) For any other relief/s for which the petitioners are found entitled to in the facts and circumstances of the present case.

2. Petitioner has also prayed for the stay of Impugned Order dated 20.08.2025 and 27.08.2025 passed in Execution Case No. 269 of 2022 till the final disposal of this Civil Misc. Application. 3.Learned counsel appearing on behalf of the respondent submits that the present execution case arises out of an arbitral award passed in the year 2005. Despite lapse of considerable time and repeated directions of the Court, the award debtors have failed to comply with the award and have not remitted the award amount along with the accrued interest towards its satisfaction. For enforcement of the award, notice was issued to the award debtors calling upon them to show cause as to why the properties mentioned in the execution petition should not be attached. However, despite due service of notice, the award debtors neither complied with the directions nor deposited the arbitral dues. It is further submitted that the award holder has filed Civil Misc. No. 324 of 2025 seeking a direction to the learned Executing Court for expeditious disposal of the original Execution Case No. 09 of 2006, subsequently renumbered as Execution Case No. 840 of 2014 and now Execution Case No. 269 of 2022, for compliance and to give effect to the directions of the Hon'ble Apex Court.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/NDQjMTIyMSMyMDI1IzEjTg==-9yoPdD80zJY=)

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