UNION OF INDIA Vs. S.P. CONSTRUCTION

JUDGEMENT

(1.) THIS is a review application arising out of the order of this Court dated September 05, 2013. This Court applied the dicta of the Supreme Court and the decisions of this Court and held that the precedent in State of Haryana vs. M/s. S.L. Arora and Company, : AIR 2010 SC 1511 did not apply to the facts of the present case and opinion was expressed on a legal issue that interest till date of the award being in the nature of damages becomes the principal amount itself and, therefore, future interest is payable on the said amount of interest as well. The Court applied the law in Union of India vs. Roshni Devi and others, : 2005(1) Arb. LR 363 (J & K); Union of India vs. M/s. Harbans Singh Tuli and Sons Builders (P) Ltd., : AIR 2000 P & H 313; Uttar Pradesh Cooperative Federation Limited vs. Three Circles, : (2009) 10 SCC 374 and Oil & Natural Gas Commission vs. M.C. Clelland Engineers S.A., : (1999) 4 SCC 327 and upheld the order of the learned Executing Court. In the present review application, the applicant seeks a change of opinion which is not permissible reason to re -open the case on merits.

(2.) THEN it remains to be examined whether the statement made by Major Sudha K.V., Garrison Engineer (presently promoted as Lt. Col.) before the executing court is binding or not. The same reads as follows: -

(3.) ON the statement of both parties, the account attached in execution was released and the yoke lifted. On the basis of these statements, the Court passed the following order on February 03, 2014 of which the relevant extract is as follows: -