SC disapproves action of HCs to entertain petitions for execution of award

New Delhi: The Supreme Court Wednesday disapproved the action of the high courts to entertain petitions under Article 226 of the Constitution seeking to execute the award passed by the Arbitral Tribunal/Court.

A bench of Justices M R Shah and B V Nagarathna said if the High Courts convert itself to the Executing Court and entertain the petitions under Article 226, it would be flooded with such pleas.

"We disapprove the entertaining of such writ petitions under Article 226 of the Constitution to execute the award passed by the learned Arbitral Tribunal/Court, without relegating the judgement creditor in whose favour the award is passed to file an execution proceeding before the competent Executing Court," the bench said.

The observations came while modifying an order of the Bombay High Court which had directed the National Highways Authority of India to deposit the entire compensation amount as awarded by the Arbitrator to the original land owners.

The top court directed the NHAI to deposit 50 per cent of the compensation amount, as awarded by the Arbitral Court, with the Executing Court within four weeks.