Years v. Mahindra And Mahindra Financial Services Limited Branch Office C.L.C

HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 820 of 2022 * - Ghanshyam Singh Rathore S/o Sukhdeo Singh Rathore Aged About 60 Years R/o Village Aandul Bhadaura, Tahsil Pendra, District : Gaurela-Pendra- Marwahi, Chhattisgarh ... Petitioner versus 1 - Mahindra And Mahindra Financial Services Limited Branch Office C.L.C. Plaza, Narmada Nagar Square, Bilaspur Through Its Legal Assistant Sanjay Kumar Sahrma, Branch Office, Narmada Nagar Square, Bilaspur Tahsil And Distt. Bilaspur, Chhattisgarh 2 - Ramesh Prasad Rathore R/o Village Bhadaura, Post Sadhwani, Tahsil Pendra, District : Gaurela-Pendra-Marwahi, Chhattisgarh For Petitioner For Respondents : : ... Respondents None appeared even in two rounds. None appeared even in two rounds. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10/07/2025

The petitioner has filed this petition seeking the following relief(s):-

10.1 That, the Hon'ble Court may kindly be pleased to call the entire records of case pertaining to the petitioner's case from the trial court.

10.2 That, the Hon'ble Court may kindly be pleased to set-aside the impugned order dated 26.11.2022 passed by the learned executing court and further directed the respondent no. 1 to submit RC book of Vehicle before the court and thereafter executing court may proceed further in accordance with law.

10.3 Any other relief, which may be deemed fit and proper in the facts and circumstances of the case, may also be allowed.

The facts of the present case are that pursuant to an award, 2 respondent No. 1 moved an application under Section of the 36 of Arbitration and Conciliation Act read with Order 21 Rule 10 of CPC before the learned trial Court for recovery of an amount of Rs.2,29,920/-. The petitioner filed reply and sought direction to provide registration certificate of the vehicle and said application was allowed, whereby respondent No. 1 was directed to submit R.C. Book. On

24.06.2022, the learned Executing Court directed the respondent to produce R.C. Book. It is further pleaded that though the order dated

24.06.2022 was not complied with by the respondent, the learned Executing Court issued warrant of attachment vide order dated

26.11.2022 and thus, prayer has been made to set aside the order dated 26.11.2022.

Admittedly, there was no direction by the Arbitrator to handover the copy of R.C. Book or original R.C. Book to the petitioner, rather there was an award against the petitioner to pay a sum of Rs.2,29,920/-.

Taking into consideration the above discussed facts, I do not find any good ground to interfere with the order passed by the learned Executing Court.

Consequently, this petition fails and is hereby dismissed.

Interim order granted on 04.01.2023 is hereby vacated. Sd/- (Rakesh Mohan Pandey) Judge