DELHI DEVELOPMENT AUTHORITY Vs. ASHOK KUMAR

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India is filed by the petitioner - Delhi Development Authority [hereinafter referred to as "DDA"], against the order dated 24.08.2016, passed by ASCJ-CUM-JSCC-CUMCJ (South), Saket District Courts, Delhi in M.No.02/2013 by which the petitioner's application under Section 144 and Order XXI read with Section 151 of the Code of Civil Procedure, 1908 ["CPC"] for restitution of the amounts paid to the respondent has been dismissed.

(2.) The petitioner and the respondent had entered into a construction contract, which gave rise to certain disputes between them. Under an arbitration clause contained in the contract, arbitration proceedings were instituted, which culminated in an award dated 17.10.2008 by which the respondent was held entitled to a sum of Rs.3,94,814.66, inclusive of interest until the date of award and an interest of 18% per annum thereafter. The respondent sought to execute the award by filing an Execution Petition in the Court of the Senior Civil Judge, New Delhi. During the course of execution proceedings, the award amount alongwith the accrued interest amounting to Rs.4,62,766/- was admittedly paid by the petitioner/DDA to the respondent on 09.04.2018.

(3.) The DDA, however, filed an application for setting aside of the award under Section 34 of the Arbitration & Conciliation Act, 1996 [hereinafter referred to as "the Act"]. The award was set aside by an order of the Additional District Judge-04, South District, Saket Court Complex, New Delhi, dated 08.01.2013. This order was carried in appeal before this Court in FAO No.200/2013. The appeal was disposed of on 30.01.2014, with the following order: