RAMAN CONSTRUCTIONS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has come forward with the above Writ Petition praying for issuance of a Writ of Certiorari to call for the records of the distraint proceedings of the second respondent, dated 08.12.2003 issued under Section 8 of the Revenue Recovery Act and quash the same.

(2.) According to the petitioner, during 1978-1979, tender was notified by the respondents for strengthening the Western bund of Ousteri Tank. The petitioner's tender was accepted and the work commenced in April 1978. The work was successfully completed by the petitioner. As the amount was not settled in terms of the contract, arbitration proceedings were initiated and a retired District Judge was appointed as single Arbitrator. The appointment of Arbitrator was unsuccessfully challenged by the respondents before this Court and this Court dismissed the challenge to the appointment of the Arbitrator. Ultimately, an Award was passed on 04.11984. The District Court, Puducherry passed a judgment and decree on 27.09.1985 in terms of Section 17 of the Arbitration Act and it has become final. In terms of the Award, final bill was settled by the respondents on 15.11.1991. After a lapse of one year, on 14.11992, the respondents claimed a sum of Rs.2,49,000/- on the ground that it was over paid to the petitioner inadvertently. The petitioner disputed the claim and stated that the amount was paid in terms of the Award. Ultimately, on 08.12003, the impugned distraint order was passed, which is challenged in this Writ Petition.

(3.) While admitting the Writ Petition on 11.12.2003, this Court granted an order of interim stay of the impugned order, and the interim order of stay was made absolute on 12.07.2004.