M C D Vs. RAMEY

JUDGEMENT

(1.) This application under Section 47 of the Code of Civil Procedure (CPC) objects to maintainability of the present execution proceedings filed by the decree holder Municipal Corporation of Delhi (MCD) for execution of a decree arising out of an award dated 5th October, 1993. The award was made Rule of Court by judgment dated 11th April, 2002 in Suit No.2752/1993.

(2.) The applicant, judgment debtor objects to the maintainability of the execution on the ground that the ex parte award as confirmed by the ex parte order of this Court was procured by fraud. According to the applicant the parties had entered into an agreement on 21.01.1992 whereby the judgment debtor was to provide services by way of disposal of carcasses of animals to the MCD. The MCD alleged that the judgment debtor did not take charge of the contract and sought to levy damages.

(3.) The dispute was referred to arbitration. The judgment debtor contends that even though he participated in the arbitral proceedings but on one crucial day he was unrepresented, as a result the arbitrator decided against him. The award was thereafter referred to the Court under the provisions of the old Arbitration Act. The judgment debtor was not represented before the Court even though served. The court therefore, after considering the materials on record and pleadings, and affirmed the award. The decree holder MCD approached this Court in these circumstances for execution.