LAWS(P&H)-2004-7-107

UNION OF INDIA Vs. SHASTRI CONSTRUCTION CO.

Decided On July 01, 2004
UNION OF INDIA Appellant
V/S
Shastri Construction Co. Respondents

JUDGEMENT

(1.) UNION of India has come up in this civil revision impugning the order dated September 16, 1993 passed by the Executing Court at Chandigarh whereby the respondent, namely, M/s Shastri Construction Co. has been held entitled for recovering the interest amounting to Rs. 5,42,840.58 from the petitioner.

(2.) THE brief facts are that pursuant to certain arbitration proceedings between the parties, an Award was passed by the Arbitrator on June 29, 1987 whereby the respondent, namely, M/s Shastri Construction Co. was held entitled for payment of Rs. 7,95,051/- from the petitioner. This Award was made rule of the Court by the Civil Court at Chandigarh vide judgment and order dated December 2, 1988, however, with modification to the following extent :-

(3.) AGGRIEVED by the aforesaid order, both the parties went in appeal, which were, however, dismissed by the Appellate Court on April 2, 1990. Still aggrieved, the respondent herein, namely, M/s Shastri Construction Co. approached this Court in Civil Revision No. 2112 of 1990 which, as admitted by the learned counsel for both the parties, was dismissed on 23.8.1990. The present petitioner, namely, Union of India also felt aggrieved by the judgment and order dated April 2, 1990 and preferred Civil Revision No. 2493 of 1990 which was, however, dismissed by this Court on March 13, 1992. Since the interpretation of the afore-mentioned order has led to the rise of present controversy, it will be apposite to reproduce its following paragraphs :-