PRASAD CONSTRUCTION Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners were the plaintiff-Decree-holders in the Court below and are aggrieved by order dated 31.8.2002 by which the learned Subordinate Judge-Ill, Patna, dismissed Execution Case No. 8/99 assuming that the decree award had been fully satisfied by the payments made by the judgment-debtors.

(2.) The short facts of this case is that the petitioners had filed Title Suit No. 262/1990 (19 of 1990) under the provisions of Sections 8 and 20 of the Arbitration Act, 1940 (hereinafter referred to as "the Act") for payment of the dues of bills with interest for the complete construction works of 5th to 7th storeys of Technical Secretariat of Patna.

(3.) On 24.8.1991 the defendants-Opposite parties filed their show-cause praying that the matter may be referred to Arbitration under the provisions of Clause 23 of agreement whereupon the matter was referred to arbitration by the learned trial.Court on 5.3.1992. But, subsequently due to the death of that Arbitrator Anr. Arbitrator was appointed on 30.6.1992. The said Arbitrator prepared an award on 27.9.1992 holding that plaintiff to be entitled to payments of the bills due with interest at the rate of 12% per annum.