M.S.R. ENTERPRISES Vs. POOJA ENTERPRISES

JUDGEMENT

(1.) The facts on record disclose that the petitioner is a Partnership Firm involved in execution of Sub-Stations, fixing of electricity consumption meters etc. It appears, in the year, 2015 it was awarded contract to erect five 33/11 KV Sub-stations at various locations and other works concerning electricity supply by the Southern Power Distribution Company Limited. The petitioner and the first respondent entered into sub-contract on 22/4/2017 for execution of erection of 33/11 KV Sub-stations, construction of KV lines, 11 KV and LT Lines for distribution, transformers and extension of supply to BPL Households etc. According to first respondent, the entire work was executed as agreed upon by 20/3/2020 and raised bills and requested the petitioner several times to settle his bills. But, the petitioner dodged from complying with the agreement.

(2.) To resolve the dispute, the parties requested their elders to arbitrate on the dispute. As part of the settlement arrived at between the parties before the Arbitrators, the petitioner agreed to pay 2.65 crores and the first respondent agreed to confine his claim to said amount as full and final settlement. Accordingly, an award was passed on 15/9/2020.

(3.) In spite of settlement of dispute and agreement on amount payable to the first respondent, the amount was not settled. Hence, the first respondent filed E.P.No.213 of 2021 on the file of VII Additional District Judge, Warangal, for execution of the award.