KOHINOOR TRANSPORTERS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) An arbitral proceeding took place between the appellant and the respondent under the Arbitration Act 1940. The disputes originated in a contract of 1980 for certain civil works and eventually resulted in an arbitral award dated 20 July 1984. The award was made a Rule of the Court on 30 August 1986 by the Civil Judge, Dehradun. The award has attained finality after the High Court of Uttaranchal dismissed an appeal filed by the State on 15 December 2006. The Civil Judge, it may be noted, reduced the rate of interest from 12 per cent to 6 per cent.

(2.) The appellant filed an application for execution before the Additional Civil Judge, Dehradun, being Execution Application 27/2010. During the course of the execution proceedings, the respondent-state deposited an amount of Rs 75,65,945 towards the decretal debt. In the course of the execution proceedings the appellant and the state filed their respective statements of calculation in regard to the amount due under the decree of the Court. On 6 April 2015, the Executing Court directed the respondent to deposit an amount of Rs 1,25,16,969.56 stating that it is 'admitted'. Notice was issued to the respondent under Order XXI Rule 41 CPC to which it filed its objections. On 16 August 2016, the Executing Court rejected the objections on the ground that the amount of Rs 1.25 crores was admitted, as evident from the earlier order dated 6 April 2015. A Civil Revision Application was filed by the respondent against the order of the Executing court. During the course of the execution proceedings an order was passed on 3 August 2017 directing the judgment debtor to comply with the earlier order of 6 April 2015, failing which, it was observed "they shall be deemed to be pen held". After this order of the Executing Court, a stay application was moved in the revisional proceedings before the High Court by the State. The High Court by its impugned order directed the appointment of a Chartered Accountant in the following terms:

(3.) It is this order of the High Court which is challenged in the present proceedings.