ECE INDUSTRIES Vs. DELHI POWER SUPPLY CO.

JUDGEMENT

(1.) This order shall decide an application moved by the judgment debtors No.3 and 4 under Order 1 Rule 10 read with Section 151 of the CPC for impleading of non-applicant/Tata Power Delhi Distribution Limited (TPDDL) in the present execution proceedings as judgment debtor No.5.

(2.) The decree holder has sought execution of an arbitral award dated 09.04.2002 for recovery of Rs.1,40,18,612.84/- along with interest @ 18% pa against the judgment debtor Nos.1 and 2. Vide an order dated 02.04.2007 the applicants viz judgment debtor Nos.3 and 4 were impleaded and they filed their respective affidavits.

(3.) The case of the decree holder, initially, was three purchase orders were placed by the Delhi Vidyut Board (DVB) for supply of 50, 110 and 135 KV Distribution Transformers. The same were duly supplied to the DVB and since they did not pay in terms of the purchase orders, the arbitration was invoked and subsequently award dated 09.04.2002 was passed against judgment debtors No.1 and 2.