Can I approach Supreme Court for early hearing or awarded amount?
Hon’ble High Court Punjab in its order dated 1-7-19 granted stay of execution of Arbitration award against Housing Board Haryana subject to condition that appellant HBH deposit entire award amount and respondent can withdraw the same by furnishing security. Thereafter, The Supreme Court in SLP ordered for accepting a surety bond of a property lying with HBH to be accepted by registrar of High Court as security and the case to be decided in six months. It's been more than 5 years since the case is pending without any hearing in High Court despite application for early hearing. Do I have any option to come back to Supreme Court or to get the awarded amount against furnishing security?
You can approach the Supreme Court by filing a contempt petition or an application for directions, highlighting non-compliance with its order for the High Court to decide the case within six months. Alternatively, you can file a fresh application in the High Court and seek release of the awarded amount against security, referencing the Supreme Court’s directions. If delays continue, a writ petition under Article 227 of the Constitution can also be filed to expedite proceedings. Ensure all prior applications and orders are documented. Consulting a lawyer experienced in arbitration enforcement will strengthen your case.
Given the Supreme Court's specific direction for case disposal within 6 months and the prolonged delay of 5+ years, you can file an application for contempt of court in the Supreme Court for non-compliance of its order, or alternatively file a fresh Special Leave Petition highlighting the violation of your right to speedy justice under Article 21. Additionally, since the Supreme Court's order already permitted withdrawal against security, you can file an application in the High Court specifically requesting implementation of this part of the Supreme Court's order, independent of the main appeal's hearing.
Sir, you can file a fresh application for early hearing in the High Court by seeking directions from the Supreme Court for expedited proceedings or you may request interim relief to release the awarded amount against security. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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