DELHI DEVELOPMENT AUTHORITY Vs. HARBANS SINGH

JUDGEMENT

(1.) APPELLANT-DDA has preferred this appeal impugning the judgment dated 17th september, 1992 passed by the learned Single Judge in Suit No. 2076-A/1990. The learned Single Judge dismissed the objections filed by the appellant-DDA vide i. A No. 11358/1990, against the arbitral award dated 28th March, 1990. With the dismissal of IA 11358/1990 i. e the objections under sections 30 and 33 of the Arbitration and Conciliation Act, 1940, the arbitral award dated 28th March, 1990, was made rule of the court except that the award granting future interest by the Arbitrator was set aside. The learned Single Judge while making the award rule of the court directed payment of interest @ 12% p. a on the awarded amount in respect of claim nos. 1 to 6 from the date of award till payment. It was further ordered if the awarded amount of Rs. 7,86,245. 08 together with interest @ 9% p. a and costs of Rs. 5000/- as awarded by the arbitrator were paid within two months from 17th September, 1992, the decree would stand satisfied.

(2.) APPEAL was admitted to hearing on 4th January, 1993. The division Bench in CM 2/1993, vide orders dated 15th February, 1993, directed the appellant-DDA to deposit the decretal amount in the form of fixed deposit for a period of three years in the name of Registrar, with interest component to be calculated @ 9% on the award within eight weeks. The execution of the decree was stayed subject to said deposit. Appellant accordingly furnished F. D. R in compliance with the directions given. F. D. was further directed to be renewed for a further term. On 7th April, 2005, none was present on behalf of the appellant to press the appeal and the same was dismissed in default and the amount lying in the Registry was directed to be released to the respondent. In the event, appellant moved CM 14868/2007 for restoration of appeal together with an application for condonation of delay being CM 14869/2007.

(3.) FOR the reasons as set out in detail in our order dated 20th February, 2008, appellant's applications for condonation of delay and restoration of appeal were allowed and the appeal was restored to its original number subject to payment of costs of Rs. 10000/ -.