UNION OF INDIA Vs. S B SINGH

JUDGEMENT

(1.) The applicant in this revision has challenged the judgement and decree dated 28-10-1983 passed in execution proceedings by virtue of which the transfer application for the transfer of the decree to another court filed by the respondent was allowed and objection under S.47, C.P.C. of the applicant was rejected.

(2.) The execution proceeding was in pursuance to the decree dated 25th September, 1980, passed by the court which made the award dated 1st December, 1971, rule of the court.

(3.) The Union of India (hereinafter referred to as the applicant) auctioned certain quantities of iron girders at Mathura, which was taken an contract by Messrs S.B. Singh Sons (hereinafter referred to as the respondent). This firm entered into a contract with the applicant on 21st August, 1970, for the purchase of released bridge iron girders. The said agreement was for the sale of 1225 tonnes of dismantled wrought iron girders at the rate of Rs. 451.62 p. per ton, totaling for Rs. 5,53,479.50 p. The first instalment of 15 per cent of the value of the material was payable immediately, the second instalment of 25 per cent of the value of the material was to be paid within 25 days of the deposit of the first instalment, the third instalment was payable within fifty days of the deposit of the first instalment and similarly the fourth instalment was payable within 75 days of the first instalment. It seems after the deposit of the first instalment and after taking delivery against it some dispute was raised by the respondent, which was referred to the Arbitrator appointed as per the agreement. He gave the award on the 1st December, 1971, by virtue of which it directed the applicant to deliver 150 wrought iron girders in dismantled condition at the rate of Rs. 75,000/- per span totaling to Rs. 5,25,000/- only and further directed that the contractor will now receive barring the first instalment for which delivery was already taken, the remaining material on payment of the balance of the aforesaid amount, that is to say, after deducting the amount already paid for the first instalment and further directed to deposit the second instalment to be deposited within thirty days of the award and gave time for depositing the third and fourth instalment. It seems even after submission of this award some dispute arose between the parties and as such neither the second instalment was deposited, nor delivery was received by the contractor. It is thereafter the decree-holder respondent applied to the court for making the award rule of the court. Finally, on 25th September, 1980, the trial court made the said award as rule of the court and the decree was signed on the 4th October, 1980. However, the applicant, feeling aggrieved as against the same filed First appeal From Order on 23rd December, 1980, and the said appeal was dismissed by the court on 12th April, 1982. Thereafter, on 27th May, 1982, an objection under S.47. C.P.C. was filed by the applicant. Meanwhile, an application was moved by the respondent for the transfer of the execution case to the civil courts at Mathura and the applicant sought time to file an objection. However, the executing court passed an order of transferring the same without entertaining the objection of the applicant. The applicant thereafter preferred a revision to the High Court, which was allowed by means of an order dated 27th April, 1983, with a direction to decide expeditiously the application of transfer in accordance with law. After remand by means of the present impugned order the executing court decided both the transfer application and the objection under S.47. C.P.C. Aggrieved as against that, the present applicant has filed his revision before this Court.