EXECUTIVE ENGINEER Vs. SHETTY CONSTRUCTIONS CO.PVT LTD

JUDGEMENT

(1.) The present petition is filed being aggrieved by the order dtd. 17/2/2020 passed on I.A.No.3 in Execution Petition No.67/2018 by the Principal Senior Civil Judge, Gokak.

(2.) Necessary facts giving rise to the present petition are that, the respondent filed Execution Petition No.9/2012 to execute the arbitral award dtd. 11/10/2006. It is forthcoming from the record that, the petitioner being aggrieved by the said arbitral award preferred MFA No.13083/2006, which was dismissed by this Court vide order dtd. 15/10/2011 and the petition filed by the petitioner in SLP No.9415/2012 before the Hon'ble Supreme Court was also dismissed.

(3.) The petitioners filed objections in Execution Petition No.9/2012 and also made a deposit of ?1,75,53,952/- and ?1,28,36,034/- on 26/9/2012 and 9/10/2017, respectively and thereafter the executing Court ordered the petitioner to pay a sum of ?18,73,742/- vide order dtd. 31/7/2018. Subsequent to the same, the execution petition was dismissed on 15/9/2018 since the respondent/decree holder did not take further steps.