MUNSI RAM Vs. DDA

JUDGEMENT

(1.) ON the last date of hearing, i. e. 8/5/2008, counsel for the decree holder took time to respond to the correctness or otherwise of the computation handed over by the counsel for the judgment debtor on 2/4/2008. Instead of responding to the same, counsel for the decree holder has filed written arguments, without seeking or being granted leave of the Court. The same is neither necessary, nor permissible for the reason that the limited issue on account of which the present execution petition has been lingering is the manner of calculating the interest on the amount awarded in favour of the decree holder.

(2.) BRIEFLY stated, the facts of the case are that the decree holder assailed an award dated 31. 3. 1995 by filing a suit bearing No. 1012a/1995. The learned Sole Arbitrator awarded a sum of Rs. 15,10,684/- in favour of the decree holder. It was further clarified in the award that if the aforesaid awarded amount was not paid to the petitioner/decree holder, it would attract simple interest payable @ 15% per annum on the amount of Rs. 8,69,459/- till the date of payment or decree, whichever is earlier, in addition to the sum of Rs,15,10,684/ -.

(3.) VIDE judgment dated 7/12/2001, the suit preferred by the petitioner assailing the award dated 31/3/1995 was decided in the following manner