PRAKASH SHARMA Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Facts in brief giving rise to this appeal preferred against the order passed by learned Single Judge on 24.12.1999, are that with respect to the work of construction of 192 MIG DUs in Pocket A(P), Pitampura, Group III contract was awarded to the claimant. Certain disputes arose amongst the parties. To adjudicate upon the claim of the claimant and the counter-claim of the respondent, Shri G.R. Hingorani was appointed as the sole arbitrator by the Engineer Member of the Delhi Development Authority on 27.3.1985. On 20.3.1988 the Arbitrator made and published his award A clarification was also made by the Arbitrator to the award on 26.4.1988. The Award was filed in the Court. The claimant filed objections to the award, which later on were withdrawn by him. No objection was raised by the respondent. Accordingly, on 15.12.1988 learned Single Judge made the award rule of court and thus a decree in terms of the award was passed in Suit NO. 692-A/98.

(2.) On 20.4.1999 a sum of Rs. 2,49,236.00 was paid by the respondent to the claimant. On 21.5.1999 the claimant filed an application seeking to execute the decree for the remaining amount. The said application was registered as Execution Case No. 236/99. The claimant after adjusting the amount of Rs. 2,49,236.00sought recovery of an amount of Rs. 6,45,023.62 along with interest calculated upto 15.5.1999 as detailed below: -

(3.) Learned Single Judge considered the respective submissions made on behalf of the claimants and the respondent. Upholding the contention of learned counsel lor the respondent that the arbitrator awarded interest on the amount due and payable to the claimant after adjustment of the counter claim of the respondent, therefore, the respondent had rightly calculated the amount and no amount is now due and payable to the claimant. As regards the security amount, learned Single Judge directed the parties the lead evidence OB affidavits on the question that whether any interest would or would not be payable. Feeling aggrieved the appellants have Filed the appeal. We have heard learned counsel for the parties and been taken through the record.