KALYAN CHAUHAN Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) By way of instant Execution Petition filed under Order XXI Rule 11 of the Code of Civil Procedure, prayer has been made on behalf of the petitioner ( hereinafter referred to as the Decree Holder), for execution of award dated 16.6.2016, passed by the learned Arbitrator.

(2.) As per the detail furnished in the execution petition, as referred hereinabove, a sum of Rs.31,09,963/- is payable by the respondents (hereinafter referred to as the Judgment Debtors) on the date when execution petition came to be filed. Decree Holder has also claimed a sum of Rs.939/- per day, apart from aforesaid amount till realization of the entire award amount. Since learned Arbitrator also awarded a sum of Rs. 1,50,000/- on account of cost of litigation and expenses, Decree Holder has also claimed the same by way of instant execution petition.

(3.) Despite repeated opportunities, Judgment Debtors failed to file the reply/objection, if any. Record reveals that case at hand though was initially taken on 29.5.2017, but thereafter came to be adjourned 17 times on the request having been made by the Judgment Debtors, but till date no reply/objection has been filed.