SARASWAT TRADING AGENCY Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal from an order dated 4th of March 2004 passed in execution proceedings whereby the decree holder appellant, who is also the award holder has his execution application dismissed.

(2.) Although numerous authorities have been cited before us, in our opinion, if a grip over the simple and basic facts of this case is taken, the matter resolves itself very easily without any intricacies of the law at all. In a Railway arbitration, an award was passed on the 25th of August, 1993 by the sole arbitrator, one H.K. Pudhee. On the 4th of February, 2000, the application for setting aside of the award succeeded; on the 4th of September, 2001, however, the appeal from that order succeeded and the Railways application for setting aside of the award was thus dismissed in appeal. Consequently, the award came to be upheld.

(3.) Thereafter, the judgment upon award being the decree was put into execution. On the 21st of August 2003, an execution order was actually passed in favour of the appellant award holder directing the Railway Authorities to pay a sum of Rs.8.94 lakh approximately within 30 days of the date of the order.