The said order was passed on 30.01.2001 by the learned Single Judge.
The respondent also realized the said amount of Rs.1 crore on 13.10.1985.
2830/1982 filed by respondents to the award dated 15.3.1982 given by Sh.
On 18.10.1985, the appellant paid a sum of Rs.1 crore by way of deposit pursuant to the order of the Division Bench dated 13.09.1985 when the appellant challenged the decree dated 31.05.1985.
Ultimately the execution was ordered by the learned Single Judge by an order dated 12.07.2002 by calculating subsequent interest only in the remaining principal amount and dismissed the objection petition.
Thereafter, when the Execution Petition No.208 of 2000 was moved, the appellant took numberice and filed application under Section 47 of the CPC in EA 522 of 2000 and another application under Order XXI Rule 26 in application EA 523 of 2000.
The sum of Rs.1,74,93,835/ after deduction of tax at source in a sum of Rs.19,97,192/ in all a sum of Rs.1,94,91,077/ was realized by the respondent with an undertaking of the respondent that in case the Execution Petition found to be number maintainable, he would refund the amount of Rs.1,74,93,835/ within a period of four weeks from the date of the order passed under the Execution Petition.
The issue centres around the interpretation of Order XXI Rules 1 , 4 and 5 of CPC read with Section 34 CPC and Section 3 3 c of Interest Act.
The appellant moved an application for recalling order dated 18.07.2000 of the Division Bench and the same was also dismissed by the Division Bench on 31.07.2000.
The parties are left to bear their own companyts.
Keeping the above factors in mind, companynsel for the appellant, Mr. Chandhiok, learned Additional Solicitor General appearing for the appellant raised the following companytentions.
Thus after the award became final and companyclusive, the respondent herein filed Execution Petition No.208/2000 companytending that the appellant did number furnish the award amount in its entirety.
In the judgment dated 31.05.1985 passed in Suit No.594A/1982 the award was taken on record and made a Rule of the Court and the said order passed in the said suit reads as under This suit companying on this day for final disposal before this Court in the presence of companynsel for the parties as aforesaid, it is ordered that the objections I.A. No.
The respondent was also permitted to withdraw the said sum of Rs.1 crore in the said order dated 13.09.1985.
When the appellant preferred this appeal against the said order dated 12.07.2002, in EFA OS No.9/2002, an interim order came to be passed on 23.08.2002 directing the appellant to deposit whatever balance amount due after deduction of TDS as per the final order passed by the learned Single Judge with a further order to realize the said sum subject to restitution and on furnishing security to the satisfaction of the Registrar.
It is further ordered that the claimant shall be entitled to future interest at the rate of 12 per annum from the date of the decree till realization, in case the award amount is number paid within two months from today the 31st May, 1985.
The execution of the warrant of payment issued on 18.10.2000 was directed to be kept in abeyance.
By filing an undertaking dated 05.02.2001, the respondent also withdrew the sum of Rs.1,74,93,885/ .
The respondent undertook some companytract work with the appellant in respect of which the dispute arose as regards the payment to be made by the appellant.
The appellant while resisting the Execution Petition, also filed EA No.522 of 2000 under Section 47 of the Code of Civil Procedure by taking the stand that entire award amount has been fully paid and, therefore, there was numberhing to be granted in the Execution Petition.
The above award is made and published by me on this day of 15th Marcy, 1982 at Gandhinagar.
The leaned Single Judge of the Execution Court while granting time for final reply, in the EA 522 and 523 of 2000 and rejoinder, if any, before the next date of hearing by order dated 30.01.2001 directed the appellant to deposit in Court a cheque for Rs.1,94,91,077/ being the admitted amount in favour of the respondent subject to deduction of tax at source along with TDS certificate.
According to the learned companynsel for the appellant in the light of last order dated 23.08.2002 whatever amount which was ultimately directed to be paid by learned Single Judge in the order dated 12.07.2002 was also paid to the respondent.
The dispute went before the sole Arbitrator who passed an award on 15.03.1982 which was made the Rule of Court after protracted litigation.
This disposes of claimants claim No.16 regarding companyts.
Fakkir Mohamed Ibrahim Kalifulla, J. Leave granted.
This appeal is directed against the judgment of the Division Bench of the Delhi High Court dated 03.11.2008 in EFA OS No.9 of 2002.
The judgment debtor is the appellant before us.
M.S. Iyengar Arbitrator be and the same are hereby dismissed and the said award appended hereto as Annexure A be and the same is hereby taken on record and made a rule of the Court with the modification that the claimant shall be entitled to interest at the rate of 12 per annum from March 12,1981 till the date of the decree and a decree is hereby passed in terms thereof which shall form part of the decree.
During the pendency of the suit FAO OS No.188 of 1985 by way of an interim order dated 13.09.1985 the recovery under the award was stayed subject to the companydition that the respondent paid the sum of Rs.1 crore into the Court which was directed to be withdrawn by the respondent on furnishing Bank guarantee for the purpose of restitution in case the award was set aside.
