SMT. JADIAMMA & ORS. Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) This revision is directed against the order dated 16.7.1993 passed by the learned Subordinate Judge, Bhawanipatna closing the execution proceedings on the ground of "full satisfaction".

(2.) Petitioners are the legal representatives of late S. Ramamurty Das who was a special class contractor under the Government of Orissa. He look up the work called "Construction of masonary weir and head reach of the canal for Ret M.I.P." in the district of Kalahandi as per the agreement No. 32/F for 1972-1973. Disputes arose in connection with the above work which were referred to arbitration for final adjudication. The arbitrator in his award dated 18.10.1978 granted a sum of Rs. 4,71,294.00 in favour of the contractor. In the award, the arbitrator further directed that if the principal amount is not paid within 90 days from the date of the award, future interest at the rate of 6% per annum shall be payable from the date of default. The opposite party challenged the validity of the award in the court of learned Subordinate Judge, Bhawanipatna in T.S. No. 34 of 1979. By order dated 22.12.1979 the learned Subordinate Judge by overruling the objections raised by the opposite party made the award rule of the court. The opposite party challenged the said order in this Court in M.A. No 54 of 1980 which was dismissed on 13.4.1980 after hearing. The opposite party thereafter challenged the matter in the Supreme Court in Civil Appeal No. 3043 of 1981 which was also dismissed. Undaunted by the dismissal, the opposite party filed review petition before the Supreme Court vide Review Petition No. 753 of 1984 which was also dismissed on 5.12.1984. As the decretal amount was not paid, the contractor (who is hereinafter referred to as "the original decree holder") filed Execution Case No. 2 of 1988 in the court of the Subordinate Judge, Bhawanipatna for its realisation. Originally the case was filed for Rs. 7,28,149.00 (principal amount of Rs. 4,71,294.00 plus Rs. 2,56,855.00 being the interest on the principal amount at the rate of 6 per cent per annum for the period of 18.10.1978, the date. of the award, till 11.8.1987). While the said execution case was pending, an application for amendment was filed on behalf of the original decree holder for enhancement of decretal amount to Rs. 7,54,054.00. The learned Subordinate Judge allowed the prayer for amendment by his order dated 26.11.1988. Neither the opposite party nor the State of Orissa challenged the said order of the learned Subordinate Judge allowing the prayer for' amendment which has thus become final. On 20.12.1988 the opposite party being the judgment - debtor deposited a total sum of Rs. 5,04,520.00(principal amount of Rs. 4,71,294.00 plus interest at the rate of 6 per cent from 18.10.1978, the date * of the award to 22.12.1979, the date of the decree)."' The opposite party while depositing the aforesaid amount of Rs. 5,04,520.00 also filed a petition for grant of furl c, time for payment of the balance amount. The learned Subordinate Judge allowed the prayer and extended time till 1.2.1989 for payment of the balance amount. The order reads as follows:-

(3.) It is an undisputed fact that the award was challenged by the opposite party up to the apex Court but without any success. The award and the consequential decree have thus become final and conclusive between the parties. It is appropriate to quote the relevant part of the award with which we are now concerned. It reads: