PRADIP VAID Vs. UNIVERSAL CONSTRUCTORS

JUDGEMENT

(1.) This appeal arises from the order dated 29th October, 2004 in E.A. No.397 of 2004 of Execution Petition No.116 of 2001 rejecting appellant's objections against the auction and confirmation of sale of the flat No. B-53 (MIG), Puru Apartments, Plot No.22, Sector 13, Rohini, Delhi.

(2.) The relevant facts in brief are that the appellant claims to be a member of Veer Puru Co-operative Group Housing Society Ltd, (respondent No.2) which constructed Puru Apartments on plot No.22, Sector 13, Rohini, Delhi. Respondent no.1 was the contractor who constructed the apartments.

(3.) Disputes arose between respondent no.1 and respondent no.2 which were referred to the arbitration by order dated 28th August, 1995 in Suit No.1679/94. The arbitrator passed award dated 11th December, 2000 for a sum of Rs.11,51,771/- with interest at 18% per annum with effect from 1st November, 1990 up to the date of payment along with cost of Rs.50,000/-. This award became final as no objections were preferred by respondent no.2. Respondent no.1 thereafter filed an Execution Petition in April, 2001 for a sum of Rs.34,68,659/- which had became due and payable to him from respondent no.2 till the filing of execution petition. Respondent no.1 sought recovery of amount due to him by sale of the properties of respondent no.2 which included flat no. B-53 also and in which rights are claimed by the appellant.