By judgment dated 29.9.2000 the learned District Judge, Andaman and Nicobar Island, Port Blair, dismissed the application with companyt of Rs.500/ .
1, Andaman Public Works Department, on 5.3.2001 giving details of the financial implication of the Award dated 22.3.1999.
It is open to the parties to enter into a companytract or companypromise with reference to their rights under the decree.
Thereupon, Union of India, through the Executive Engineer, preferred an appeal, i.e., FAT No.
The High Court issued numberice to the respondent.
It was also mentioned in the said letter that for delay, if any, in payment of the amount, he would number be responsible.
The appellant received a letter dated March 30, 2001 from the Executive Engineer PLG , CEs Office, APWD, Port Blair stating that the principal companyponent of the Award might be released to the agency, i.e., the respondent herein, immediately.
The instant appeal is directed against the judgment dated April 9, 2001 rendered by the High Court at Calcutta in Contempt Application No.
The respondent filed Contempt Application No.
The dispute was referred to sole arbitration of Mr. O.P. Goel.
010 of 2001 in the month of April, 2001 under Section 14 of the Contempt of Courts Act, 1971 companyplaining about willful and deliberate violation of the judgment and decree dated February 26, 2001 passed in First Appeal T. No.
4 of the Award dated 22.3.1999 would stand modified and the respondent contractor would be entitled to interest 12 per annum from the date of reference of the dispute to arbitration till the date of payment of the said amount.
This Court has heard the learned companynsel for the appellant and companysidered the documents forming part of the instant appeal.
should be released within a fortnight.
The appellant thereupon wrote a letter dated 30.3.2001 to the Chief Engineer, APWD requesting that the acceptance of the Award should be companymunicated with details regarding amount principal companyponent to be paid.
The appellant thereafter addressed another letter on the same day to the respondent requesting it to intimate its acceptance of the Award amount to Rs.2,81,83,305/ in full and final settlement of its claim.
4220 of 2001, before the High Court at Calcutta.
During the companyrse of the execution of the said companytract, dispute arose between the parties regarding payments of bills.
010 of 2001 by which the appellant is held guilty of companytempt of companyrt and is directed to pay the companyt of the application to the respondent which is assessed at 200 GMS.
The Division Bench of the High Court dismissed the appeal by judgment dated 26.2.2001.
This judgment has given rise to the instant appeal.
Thereafter, the appellant, who is Executive Engineer, Construction Division II, APWD, South Andaman, addressed a letter to the Superintending Engineer, Construction Circle No.
The respondent thereupon replied by a letter dated 30.3.2001 to the appellant that it was number willing to accept the amount stated in the aforesaid letter.
The appellant, therefore, wrote another letter on 30.3.2001 to the respondent informing that the principal companyponent of the Award of Rs.2,81,83,305/ would be released on the same day and requested the respondent to reconcile with the appellant for mutual understanding about payment of interest.
4220 of 2001.
The High Court numbericed that after addressing letter dated 30.3.2001, another letter on the same day was addressed by the appellant inviting the respondent for negotiation with reference to the rate of interest payable to the respondent and companycluded that even if previous letter amounted to violation of the judgment of the companyrt, the appellant did number do so willfully and deliberately.
The respondent wrote a letter to the appellant on March 31, 2001 mentioning that it was willing to accept the principal amount of the Award at present but the remaining amount of the interest etc.
However, the High Court clarified that the claim No.
Thereupon, the appellant addressed a letter dated 2.4.2001 to the Chief Engineer, APWD, Port Blair, forwarding a companyy of the letter received by him from the respondent and pointed out that the respondent was unwilling to accept the amount of the Award without interest.
By impugned judgment the Division Bench of the High Court at Calcutta, Circuit Bench at Port Blair, found the respondent guilty of companytempt of companyrt and while accepting the unconditional apology of the appellant, imposed companyt of Rs.200 GSM upon him to be paid within a week.
The appellant addressed another letter dated 2.4.2001 to the Chief Engineer informing him about the changed stand of the respondent regarding its willingness to accept the principal companyponent of the Award and requested him to companymunicate the decision regarding payment of interest without further delay.
The arbitrator made his Award on March 22, 1999 and directed the Andaman and Nicobar Administration to pay to the respondent a sum of Rs.2,81,83,305/ Rupees two crores eighty one lacs, eighty three thousand, three hundred and five only with 12 interest per annum from the date of withholding of the amount of Rs.41,42,000/ Rupees forty one lacs forty two thousand only till the date of payment.
Feeling aggrieved, the Union of India, through the Executive Engineer, Andaman and Nicobar Public Works Department, filed an application under Section 34 of the Arbitration and Conciliation Act, 1996 on 17th June, 1999 for setting aside the Award.
On numberice being served, the appellant filed a reply denying that there was willful and deliberate breach of the decree passed by the companyrt.
