1 WP 6452...........2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6452 OF 2011 WITH WRIT PETITION NO. 6460 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. V.D.Gunale, Advocate for the Petitioners. ............................... CORAM :S.V. GANGAPURWALA, J. DATE :29/08/2011 PER COURT : 1. Heard Mr. V.D.Gunale, the learned counsel for the petitioners. 2. The present respondent has filed execution proceedings before the District Judge, Latur seeking execution of the arbitral Award passed by the sole arbitrator. The present petitioner has filed an application in the said execution proceedings seeking stay of the arbitral award under Order XXI Rule 26 of the Code of Civil Procedure [ For short, ‘ the Code ’ ]. The said application is rejected. Aggrieved thereby, the present Writ Petition is filed. 3. Mr. Gunale, the learned counsel for the petitioners 2 WP 6452...........2011 strenuously contends that the District Judge should have considered that the petitioner was not served with the arbitral award and Order XXI Rule 26 of the Code empowers the Court to stay the execution of the decree/Award for the reasonable time so as to enable the petitioner to challenge the said Award before the appropriate forum. According to the learned counsel, all these facts have not been considered by the District Judge. 4. Even assuming that the District Judge has not considered the case of the petitioners, still the perusal of the order shows that even after rejecting the application of the petitioners, the District Judge has granted protection of two ( 2 ) months, which even otherwise is a reasonable time. So, even though the application of the petitioners is rejected. Still the petitioners have got the benefit of Order XXI Rule 26 of the Code. 5. The District Judge has not committed any error of jurisdiction while passing the impugned order. As such, the Writ Petition is dismissed. No costs. However, the protection granted by the District Judge is extended for fifteen (15 ) more days from today. On the lapse of 15 days, the said protection shall come to an end. [ S.V. GANGAPURWALA, J.] KNP/WP 6452......2011 3 WP 6452...........2011