J N UPPAL Vs. H UPPAL

JUDGEMENT

(1.) The applicant was the original Decree Holder, who had moved the execution proceedings, being no. 12/2004 before the learned Addl. District Judge, Delhi. By the application, E.A. No. 354/2009 revival of execution proceeding is sought.

(2.) Briefly the facts necessary for the present order are that certain inter se disputes existed between the parties. They were subject matter of the suit, being Suit Nos. 146/1994 and 528/1994. Apparently, during the pendency of those proceedings, the parties referred the disputes, through a written letter/agreement dated 28.10.2001, to the arbitration of one Sh. A.P. Malik. The undisputed facts are that on 25.11.2001, the arbitrator published his award. The award was in two parts; one dealing with the subject matter of claims in Suit No. 146/1994 and other in respect of claims in Suit No. 528/1994. It is the latter portion of the award with which the Court is concerned, in the present application.

(3.) In the meanwhile, on 07.10.2001, the applicant (hereafter referred to as Sh. J.N. Uppal) had written a letter (Annexure-A to the execution proceeding), stating that after publication of the award, he should receive the necessary payment from the respondent/Judgment Debtor (hereafter referred to as "Dr. Harish Uppal") within 17 days. Sh. J.N. Uppal also stated in that letter that he would inform this Court suitably to withdraw Suit No. 528/1994 and that on making the application to the Court, the arbitrator was to hand-over the amount/cash to him, i.e. Sh. J.N. Uppal. The arbitrator thereafter published the award, on 25.11.2001 whereby Sh. J.N. Uppal was held entitled to receive 14 lakhs. It is not in dispute that Dr. Harish Uppal deposited the said amount with the arbitrator on 03.12.2001. Apparently, the arbitrator wrote to Sh. J.N. Uppal about this and asked him to take necessary measures so that the amount could be handed-over. The suit filed by him, however, was not withdrawn.