1 wp8252-11 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 8252 OF 2011 Ramesh P. Ranka and others .. Petitioners Versus M/s Rainbow Investments Prop. Shri Arvind R.Shah and others ... Respondents Mr. Abhay Ostwal for the petitioners CORAM : R. Y. GANOO, J. DATED : 17rd October, 2011 P.C. 1. An award dated 26th September, 1992 passed by the learned Arbitrator came up before the learned civil Judge, Senior Division, Pune for the purpose of confirmation of the award in accordance with the provisions of Arbitration Act, 1940. The learned Civil Judge, Senior Division, Pune, by judgment and order dated 4th October, 1995 passed a decree. The petitioner was aggrieved by the said decree as, according to him, the decree passed was not in consonance with the award. He filed Civil Appeal No. 135 of 1996. That appeal came to be dismissed for default. All steps to have that appeal restored failed. Hence, the decree passed by the learned Civil Judge, Senior Division, Pune is now final. The respondent filed execution application in the nature of Special Darkhast 2 wp8252-11 No. 275 of 1995. In the Darkhast proceedings, the present petitioners filed an application that the decree is in executable. This application dated 3rd November, 2011 has been rejected by the Executing Court, namely learned 8th Joint Civil Judge, Senior Division, Pune by order dated 2nd August, 2011, against which this petition is filed. 2. I have heard learned counsel for the petitioner. 3. In my view, if the Special Darkhast No. 275 of 1995 is filed against the present petitioners, it will be open for the present petitioners to defend that Darkhast. The application filed by the petitioners so as to stall the said proceedings cannot be entertained and has been rightly rejected. The question whether the decree is executable or not can be considered by the executing Court at an appropriate Stage. The application to say that the decree is not executable, when Darkhast itself is pending, cannot be entertained. In my view, the learned Judge was right in rejecting the said application. It will be open for the present petitioners to oppose the execution proceedings. 4. Hence the following order. 5. The writ petition is dismissed at the stage of admission. 6. There shall be no order as to costs. (R. Y. GANOO, J.)