VARDAN BUILDERS Vs. VEER KRISHNA SAHAY

JUDGEMENT

(1.) THIS case has a long checkered history. The dispute between the parties led to appointment of a sole arbitrator by this Court. The challenge to the award by the petitioner -M/s. Vardan Builders failed and the award dated 31.10.2004 attained finality after dismissal of the Special Leave Petition (C) No. 11368 of 2007 on 23.07.2007. Thereafter, at the execution stage the parties approached this Court against orders passed in Execution Case No. 3(A) of 2005. The award dated 31.10.2004 has different components relating to car parking, boundary wall, possession of total constructed area etc. The dispute which has led to filing of the present writ petition relates to completion of boundary wall measuring 31.5.12 meter. The award on the said issue reads as under:

(2.) THE decree -holder filed an application on 02.08.2007 claiming payment of Rs. 15,10,000/ - on account of non -completion of boundary wall and drain. In the said application, the decree -holder after adjustment of security amount, interest, cost of deviation etc. had claimed payment of Rs. 18,22,400/ - and the said amount was paid by the judgment -debtor by way of Bank Draft and Managers Cheque. The decree -holder again filed an application on 15.04.2014 claiming Rs. 21,46,667/ - on account of delayed completion of boundary wall and the drain. The said application has been allowed vide order dated 27.01.2015 in Execution Case No. 3(A) of 2005, against which the present writ petition has been filed.

(3.) REFERRING to application dated 15.04.2014, Mr. Sumeet Gadodia, the learned counsel for the respondent submits that the claim of the petitioner is confined to the calculation given in paragraph No. 4 of the said application.