STATE Vs. AB KHALIQ DAR

JUDGEMENT

(1.) IN this revision, order dated 23rd of August 1997 of District Judge Srinagar, directing revision petitioners/judgment debtors to deposit an amount of Rs. 5 45,171.49 with District Judge for satisfaction of the decree in execution, is impugned.

(2.) PARTIES entered into contract for construction of animal house and patients attendance shed at Soura and the works were allotted to Ab. Khaliq Dar respondent/decree holder pursuant to agreements executed in 1985 and 1989. Differences and dispute arose between the parties initially in respect of contract covering construction of animal house at Soura. This matter was referred to the Arbitrator of one Sh. M. N. Durani, Chief Engineer Projects Organisation Soura. The Arbitrator passed an award on 28.3.89 and assessed value of work done/performed by Ab. Khaliq Dar as Rs. 12, 17, 295.24. The court of reference, Honble Single Judge of this court, after rejecting the objections .passed judgment and decree on award on 16.5.91 in Civil Appeal No 46/91. in appeal Division Bench vide its judgment dt. 27.7.95 confirmed the judgment of the single Judge and dismissed the appeal. It is this judgment and decree of the Single Judge which is sought to be executed, in terms of the award it will be seen that cost of departmental supplies including excess and shortfall in weight of cement bags and iron, as assessed and decided by Chief Engineer, was to be recovered from the contractor, the respondent.

(3.) THE dispute and differences which arose subsequent to the passing of the aforesaid award in respect of construction of animal house and dispute and differences regarding construction of patients attendance shed at Soura, were referred subsequently for arbitration and in that matter (arbitration of 264/91) the award dt, 14.6.97 with report has been submitted by the Arbitrator, Mr. M A. Qadiri Chief Engineer PWD, before the court and the same is pending disposal before the court of District Judge Srinagar. At this stage we are not concerned directly as such with this award except to the extent reference is made to the award in the impugned order and for the limited purpose that reference to it may be expedient to decide the question of full and final satisfaction of the awarded judgment and decree and by way of claim to the amount of Rs. 5, 45,171.49 for recovery and adjustment of the shortage of departmental supplies found due from the decree holder.