BIJENDRA KUMAR Vs. PRADEEP KUMAR AND ORS.

JUDGEMENT

(1.) THIS execution first appeal is filed by the decree holder impugning the judgment of the executing court dated 22.9.2012 by which the executing court has dismissed the execution petition filed by the petitioner/decree holder seeking execution of an ex parte Award dated 9.5.2005. The Award was for a sum of Rs. 7,33,500/ - alongwith interest at 15% per annum w.e.f. May 2005 till payment.

(2.) IN the present case, I note that the impugned judgment dated 22.9.2012 dismissing the execution petition is a very well written judgment and which therefore considerably reduces the discussion to be given by this Court as a First Appellate Court inasmuch as this Court proposes to adopt the thorough and exhaustive reasoning contained in the impugned judgment of the executing court dated 22.9.2012.

(3.) THE facts of the case are that an Agreement dated 6.10.2004 was entered into in favour of the petitioner/decree holder and the respondent whereby the petitioner with respect to all private buses which were to operate on route no. 212 in the city of Delhi was to be paid a sum of Rs.100/ - per day. There are further stipulations which are mentioned in the agreement dated 6.10.2004 for paying of fines of Rs.250/ - to the petitioner and who was to allegedly to pay a part of the same to other bus owners, and which fines were to be imposed on those bus owners who do not act as per 'discipline' by overtaking or by taking short cuts etc etc.