STATE OF PUNJAB Vs. GAMMON INDIA LIMITED

JUDGEMENT

(1.) State of Punjab having failed in both the courts below has filed this revision petition under Article 227 of the Constitution of India. Respondent-Caveator M/s. Gammon India Limited executed some work of the petitioner-State of Punjab. Dispute arose between the parties. The dispute was referred to Arbitrators who made award dated 30.07.1996. Respondent-Contractor filed application under Section 14(2) of the Arbitration Act, 1940 (in short, the Act) for filing of the award and for making the same rule of the Court. Petitioner-State of Punjab filed objections against the award. The objections were regarding award of various amounts by the Arbitrators against claims of the contractor. Objection regarding rate of interest was also raised.

(2.) Learned Additional Civil Judge (Senior Division), Patiala vide order and decree dated 24.11.1997 dismissed the objection petition filed by State of Punjab and made the award as rule of the Court and passed decree accordingly for recovery of the awarded amount of Rs. 3,51,42,199/-along with interest @ 18% per annum from the date of award till recovery. First appeal preferred by State of Punjab against order and decree of the trial Court has been dismissed by learned Additional District Judge, Patiala vide judgment and decree dated 24.02.2011. Feeling aggrieved, State of Punjab has filed this revision petition.

(3.) I have heard learned counsel for the parties and perused the case file.