J M BUILDERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This objection petition under Section 47 of the Code of Civil Procedure (hereafter referred to as 'the Code') has been preferred by the Objector Judgment-debtor (hereafter referred to as 'the JD').

(2.) The brief facts leading to the filing of this objection petition are that pursuant to an arbitration agreement between the parties, the dispute which arose between them was referred for arbitration and the Arbitrator made an award dated May 1,1991 in favour of the DH. When the award was filed, the parties failed to file objections against the award within the prescribed period. After expiry of the prescribed period, both the parties filed objections against the award. However, the objection petitions filed by the parties were dismissed as barred by limitation and as a consequence, the award was made Rule of the Court vide judgment dated 21.9.1993 in Civil Suit No. 98 of 1991 and in terms thereof, a decree was passed in favour of the DH and against the JD. The JD, being aggrieved, preferred F.A.O. No. 141 of 1994 against the said judgment and decree which was also dismissed by a Division Bench of this Court vide judgment dated March 1, 1999. Thereafter, the DH preferred an application for execution of the decree in its favour being Execution Petition No. 8 of 1994 which was dismissed as partly satisfied on 17.10.1994. For execution of the unsatisfied part of the decree, the DH has filed the present execution petition in which these objections have been preferred by the JD.

(3.) The DH has resisted the objection petition by filing a reply thereto.