DIVISIONAL SUPERINTENDING ENGINEER/C Vs. RAJIV RAI MEHTA

JUDGEMENT

(1.) Judgment debtor (JD) - Divisional Superintending Engineer, Northern Railway has, by filing the instant revision petition under Article 227 of the Constitution of India, assailed order dated 10.11.2010 Annexure P/3 passed by the executing court.

(2.) Dispute between the parties was referred to Arbitrators who gave award dated 19.2.2003 thereby awarding Rs 4,41,000/- in all to the respondent-contractor payable by the petitioner. In addition to the said amount, the Arbitrators also awarded simple interest @ 12% per annum with effect from 1.4.1987 on the awarded amount with stipulation that if the awarded amount is not paid within 90 days from the publishing of the award, the interest shall be payable @ 18% per annum.

(3.) The petitioner herein tendered bank draft for Rs 12,81,920/- on 3.2.2004 which included the principal amount of Rs 4,41,000/- awarded by the Arbitrators with simple interest thereon @ 12% with effect from 1.4.1987 till the date of payment. The said amount was accepted by the respondent-contractor under protest.