ORIENT CONSTRUCTIONS COMPANY Vs. UNION OF INDIA BSNL

JUDGEMENT

(1.) HEARD learned Counsel for the parties. This petition under Articles 226 and 227 of the Constitution of India is filed challenging the order dated 09.08.2011 passed by the learned Judge, Court No.16, City Civil and Sessions Court, Ahmedabad by which the Execution Petition No.321/2009 came to be dismissed as fully satisfied, which reads as under :-

(2.) IN continuation of the above, if operative portion of the award dated 11.12.2003 is seen, it reads as under :-

(3.) AS against this, learned Counsel Ms. P.J. Davawala appearing for the respondent - BSNL would contend that the amount of award of arbitrator was passed on 11.12.2003 and the said amount was to be deposited within 60 days meaning thereby the judgment debtor was to comply with the award on or before 10.02.2004 but infact it came to be deposited on 26.03.2004. However, at the same time by filing Miscellaneous Civil Appeal later on it was prayed that arbitral award dated 11.12.2003 be quashed and set aside on certain grounds. However, the application came to be dismissed on 16.06.2009. Prior to that, an attempt made by judgment creditor to withdraw the amount was refused. In the above circumstances, it is submitted that the claim of judgment creditor to receive the interest as calculated by him is on a wrong premise and order impugned do not deserve any interference by this Court in exercise of powers under Articles 226 and 227 of the Constitution of India.