LAWS(P&H)-2019-2-35

SHASTRI CONSTRUCTION CO Vs. UNION OF INDIA

Decided On February 14, 2019
Shastri Construction Co Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This revision is directed against the impugned order dated 25.02.2016 passed by the Ld. Civil Judge (Junior Division), Chandigarh.

(2.) Background of the matter is that an award in favour of the petitioner-Company dated 19.06.1987 (Annexure P-2) was passed by the Ld. Arbitrator, which was subsequently made a Rule of the Court vide the Decree dated 02.12.1988 (Annexure P-3). The disputed observation in the said order was in relation to issue No.3 i.e. The relief to which the claimant/petitioner was entitled, and the observations of the Ld. Trial Court in this regard were "In view of my findings on the above stated issues, I do not find any reason to interfere in the award given by Arbitrator Sh. A. K. Mullick except to set aside the award allowing pendente lite interest. The petitioner will be liable to pay the interest @12% per annum in case the objector-petitioner failed to make the payment of the awarded amount within a period of one month".

(3.) In this manner, the final decree in the form of 'Rule of the Court' was pronounced, which was challenged in appeal by both the parties, which were both dismissed. Thereafter, the revisions preferred by both the parties were in turn also dismissed.