MASHBRA INDUSTRIES PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant appeal arises out of an arbitral award dated 13th November, 2006 directing the respondent to refund Rs. 4,00,000/ - out of the royalty amount deposited by the appellant to it (Page No. 30). The respondent filed objections to the arbitral award which came to be registered as OMP No. 105/2007 which remained pending in this Court for a considerable period. While dismissing these objections on 16th November, 2012 the learned Single Judge held that it was not just and fair for the respondent to retain the entire royalty amount which had been deposited by the appellant with it. It was further held that no grounds were made out to interfere with the arbitral award. While dismissing the objections, the learned Single Judge directed payment of simple interest @9% p.a. on the amount awarded from 16th November, 2012 (the date of the order) till the date of the payment.

(2.) THE appellant thereafter filed an application seeking correction and modification of the order dated 16th November, 2012 pointing out certain mistakes which had appeared in the order as well as regarding the award of interest. This application was registered as IA No. 282/2013. By an order passed on 12th March, 2014 the learned Single Judge only directed certain typographical corrections in the order dated 16th November, 2012.

(3.) THE appellant complains that despite the order, no payments were made by the respondents even from the date of the order dated 16th November, 2012. In this background, the appellant was compelled to file Execution Petition No. 136/2014. Mr. Arpit Bhargava, learned counsel for the appellant has drawn our attention to the following submissions contained in para 7 of the petition: <IMG>JUDGEMENT_147_LAWS(DLH)4_2015.jpg</IMG>