BABU LAL SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed on behalf of the Union of India under Section 151 of the Code of Civil Procedure for recalling the Order dated 10.3.1999 and 19.03.1999, which were as follows:

(2.) Pursuant to these Orders a sum of Rs. 2,89,299.04, in the Judgment Debtor's account bearing No. 3215321004, in the Reserve Bank of India was attached Reliance is placed by Learned Counsel for the Judgment Debtor, on Clause 29 of the Contract which contemplates the circumstances in which a lien is created in favour of the Government. It reads as follows: CLAUSE- 29 (i): WITH HOLDING AND LIEN IS RESPECT OF SUMS CLAIMED:-

(3.) The question that arises is whether the applicant is entitled to adjust a sum of Rs. 1,41,310.00 from the decretal amount allegedly payable by the Decree Holder to the Government (Judgment Debtor) under another contract. This sum is stated to have become payable to the Judgment Debtor in respect of an Award dated 15.12.1997. which admittedly is the subject of a challenge under Section 34 of the Arbitration and Conciliation Act, 1996 in O.M.P. No. 49/1998. This petition has not been disposed till date.