MANZOOR AHMAD GUNNA Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners have challenged order dtd. 5/12/2022 read with order dtd. 4/2/2023 passed by learned Principal District Judge, Srinagar, whereby execution petition filed for execution of arbitral award that had been made rule of the court, has been disposed of as having been satisfied.

(2.) The facts emanating from the record reveal that certain disputes arose between the predecessor-in-interest of the petitioners and the respondents with regard to a contract for construction of 2.4 km of National Highway by-pass starting from Athwajan, Srinagar. These disputes led to the appointment of Arbitrator who ultimately made his award dtd. 13/11/1998 and filed the same before the learned District Judge, Srinagar. The award was made 'rule of the court' by the learned District Judge, Srinagar, in terms of judgment dtd. 28/2/2014 in a modified form. While the Arbitrator had awarded interest pendente lite and future @18% per annum, the learned District Judge slashed down the rate of interest to 9% per annum and also disallowed some of the claims in respect of which the learned Arbitrator had awarded compensation in favour of the petitioners. The learned District Judge vide his judgment dtd. 28/2/2014 awarded a total amount of Rs.71,91,785.00 along with interest @9% per annum.

(3.) The aforesaid judgment passed by the learned District Judge, Srinagar, was assailed by the petitioners as well as by the respondents before this Court by way of two appeals bearing CFA No.15/2014 and 37/2017. Both these appeals came to be decided by this Court in terms of judgment dated07.12.2019. The appeal filed by the respondent-State was dismissed whereas the appeal filed by the petitioners was allowed by enhancing the rate of interest from 6% to 9% per annum.