UNION OF INDIA Vs. S M CONSTRUCTION CO

JUDGEMENT

(1.) HEARD Mr. D. Choudhury, learned CGSC for the appellant and Mr. C. T. Jamir, learned counsel for the respondent.

(2.) SOME dispute between the appellant Union of India and the respondent contractor M/s S. M. Construction Company, Guwahati, were referred to the sole arbitrator for adjudication. The final award was published on 10. 12. 97 awarding Rs. 2,93,260/- in favour of the appellant department and Rs. 9,18,990/- in favour of the respondent contractor. The appellant filed an application under Sections 30 and 33 of the Arbitration Act, 1940 on 13. 02. 98 for setting aside the award dated 10. 12. 97. The said application was rejected by the Addl. Deputy Commissioner (J), Kohima, vide Judgment and Order dated 14. 8. 2003 passed in Misc. Case No. 1 of 2000 arising out of Arbitration Case No. 1/1998 and 1999 and passed a decree for Rs. 2,93,260/- in favour of the appellant department and Rs. 9,18,990/- in favour of the respondent contractor and held that the parties are also entitle to get further interest at the rate of 10% per annum till realization of the decreetal amount i. e. award amount plus interest as awarded by the arbitrator from the date of decree.

(3.) THEREAFTER the respondent contractor as decree holder in respect of the award of Rs. 9,18,990/- file an execution petition, being Execution Case No. 1/2000 on 29. 6. 2005 before the Court of ADC (J), Kohima, for execution of the aforesaid decree dated 14. 08. 2003. The appellant department contested the said execution case by filing a counter with a prayer to adjust the decretal amount of Rs. 65,68,015/- which is payable by the respondent as judgment debtor to the appellant in Execution Case No. 21/1993 in the Court of Sub-Judge-1, Manipur (East ). The Executing Court, after hearing the parties passed its judgment and order on 17. 10. 2005 directing to draw a decree computing interest from 10. 12. 1997 i. e. from the date of passing of the award, with simple interest of Rs. 10% per annum on the awarded amount i. e. (Rs. 9,08,267/- - Rs. 2,93,250/-) = Rs. 6,15,017/ -.