DURGA CHARAN ROUTRAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) These two Writ Petitions having common facts were heard together and are being disposed of by this common Judgment. W.P.(C) Nos. 4989 of 2008

(2.) IN this Writ Petition, the Petitioner, who is a Contractor has challenged the Order Dated 18.1.2008 passed by the Learned District Judge, Mayurbhanj, Baripada in Execution Petition No. 1 of 2006 accepting the calculation sheet filed by the Judgment Debtor as correct.

(3.) THE Opposite Parties challenged the said award by filing Misc. Case No. 28 of 2006 under Section 34 of the Arbitration and Conciliation Act, 1996 before the Learned District Judge, Mayurbhanj, Baripada. The application was dismissed on 25.8.2008. Against the dismissal order, ARBA No. 25 of 2006 was preferred before this Court. The appeal was also dismissed by this Court on 8.2.2007. Challenging the said order, SLP (Civil) No. 6659 of 2007 was filed before the Apex Court which was also dismissed on 29.10.2007. In the meantime, the Petitioner filed Execution Petition No. 1 of 2006 before the Learned District Judge, Mayurbhanj, Baripada to execute the award passed by the Arbitrator. During pendency of the execution case, Rs. 32,00,000 was released towards payment from the accrued amount due to the Petitioner. In the said execution proceeding, the Judgment Debtor submitted a calculation sheet vide Annexure -2 for rest of the amount. As per the said calculation sheet, the Petitioner is entitled to Rs. 33,36,467 after deducting the amount of Rs. 32,00,000, already received by him. After considering the award passed in the arbitration proceeding and the claim made by the Petitioner, the Learned District Judge in the impugned order held that the calculation sheet submitted by the Judgment Debtor is correct and the claimant -contractor is entitled to Rs. 33,36,467.