GANESH CONSTRUCTION COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision petition by the decree-holder is directed against order dated 07.11.1998 as passed in Execution Case No.6/1997 whereby the Additional District Judge No.2, Alwar, while dealing with an application for execution of the money decree based on an arbitral award, has rejected the claim made by the decree-holder for further amount and, while partly allowing the objections taken by the judgment-debtor (the non-petitioner herein), has directed the petitioner-decree-holder to refund an amount of Rs. 79,585/-, said to have been received in excess, alongwith interest @ 14% p. a.

(2.) Put in brief, the relevant facts and background aspects of the matter are as follows: On 10.04.1987, the petitioner, a Government Contractor, entered into a contract with the non-petitioner for construction of the multi-purpose studio complex, staff quarters etc. for the purpose of All India Radio, Alwar. As per Clause 25 of the Agreement, any dispute was to be referred to arbitration; and since some dispute regarding payment arose between the parties, the same was referred to the sole arbitrator. The arbitrator made his award on 20.07.1992 whereby the non-petitioner was held liable to pay to the petitioner an amount of Rs.6,12,097/- alongwith simple interest at the rate of 14% per annum with effect from 25.03.1990 until the date of decree or payment whichever be the earlier. The terms of the award, being directly relevant for the present purpose, are reproduced as under:-

(3.) In its impugned order dated 07.11.1998, the learned Executing Court proceeded to reject the submissions made on behalf of the petitioner-decree-holder essentially on the consideration that it cannot travel beyond the decree. The Executing Court observed that in paragraph Nos. 21 and 22 of the judgment, the decree-holder was, of course, found entitled to interest from 25.03.1990 but then, this date of commencement of interest came to be mentioned in the decree as 20.07.1992; and the intention and spirit behind such mentioning of the date was beyond its reach. The Executing Court referred to the calculation as suggested by the judgment-debtor and ultimately directed the petitioner to refund the alleged excess amount of Rs.79,585/- together with interest @ 14% per annum from the date of receiving i.e., 15.07.1997. The relevant part of the order impugned reads as under:-