GOWPATT ASSOCIATES Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) These Execution Petitions are filed as against the First Respondent/ Judgment-debtor in respect of the Award amount passed in O.P. Nos.62 & 63 of 2015. The said Award was originally challenged by the First Respondent/Judgment-debtor before the Commercial Division in O.P. Nos.456 & 457 of 2018. A learned Single Judge of this Court, by Order, dtd. 2/4/2019 dismissed both the Original Petitions. The Common Order of the learned Single Judge was confirmed by a Division Bench of this Court in O.S.A. Nos.197 & 198 of 2019 on 24/3/2021. The Judgment of the Division Bench was challenged before the Hon'ble Supreme Court. While admitting the matter, the Hon'ble Supreme Court by Order, dtd. 22/10/2021 in S.L.P. (C) No.16040 of 2021 directed the First Respondent/Judgment-debtor to deposit the entire Award amount before the Executing Court and a direction was also issued to the Executing Court to transfer the said amount in an Interest bearing Fixed Deposit in a Nationalized Bank. Thereafter, it appears that the Registry of this Court has deducted 2% as Commission and 0.2% as an Audit Fee on the amount deposited before the Executing Court. Thereafter, the Hon'ble Supreme Court vide Order, dtd. 27/9/2023 dismissed the Special Leave Petition filed by the First Respondent and directed the Executing Court to pay out the dues as per the Award. When the Petitioner sought to withdraw the said amount as per the direction of this Court, the Registry has deducted a sum of 2% as Commission and 0.2% as Audit Fee.

(2.) At this stage, Mr. Sharath Chandran, learned Counsel for the Petitioner vehemently contended that the Registry has deducted such percentage invariably in all the cases even though such deposit is made pursuant to the orders of this Court in a Nationalized Bank.

(3.) Considering the nature of the dispute involved, this Court has impleaded the Registrar General of this Court as a party to these proceedings by Order, dtd. 8/11/2023.