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2020 DIGILAW 560 (JHR)

Singh Builders Syndicate v. Damodar Valley Corporation

2020-06-02

ANIL KUMAR CHOUDHARY

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ORDER : Anil Kumar Choudhary, J. 1. Heard the parties through video conferencing. 2. This petition has been filed by the petitioner invoking jurisdiction of this Court under Article 227 of the Constitution of India with a prayer for issuance of appropriate writ quashing the order dated 26.08.2015, passed by the sub-Judge, Bermo at Tenughat in Execution Case No. 14 of 2011 whereby and whereunder, the learned executing court has held that the interest portion decreed by the sole Arbitrator shall not be paid to the petitioner. 3. The brief facts of the case is that the sole Arbitrator passed an award directing the respondents to pay a sum of Rs. 28,29,259/- and further ordered that the award will attract interest after 90 days from the date of award at the rate of 10% per annum. The said award was passed on 11 September, 2000. 4. Mr. Piyush Chitresh, the learned counsel for the petitioner relied upon the Judgment of Hon'ble Supreme Court of India, in the case of Deepa Bhargava and Anr. v. Mahesh Bhargava and Ors., reported in (2009) 2 SCC 294 : (AIR 2008 SC (Supp) 788) wherein in paragraph No. 9, the Hon'ble Apex Court has held as under:- "9. There is no doubt or dispute as regards interpretation or application of the said consent terms. It is also not in dispute that the respondent judgment-debtors did not act in terms thereof. An executing court, it is well known, cannot go behind the decree. It has no jurisdiction to modify a decree. It must execute the decree as it is. A default clause contained in a compromise decree even otherwise would not be considered to be penal in nature so as to attract the provisions of Section 74 of the Contract Act." (Emphasis Supplied) And submitted that the act of executing court in denying the interest from 11.12.2000 i.e. 90 days from the award dated 11.09.2000 to 21.11.2016 which is the date of payment of the award amount, is illegal, hence it be set aside and the respondents be directed to pay the said amount within a reasonable time. 5. Mr. 5. Mr. Tapash Kabiraj, the learned counsel for the respondents submit that the application filed by the petitioner has become infructuous because of the fact that on 21.11.2016, the respondents filed an application before the executing court along with the list of documents and' the respondents also deposited cheque for Rs. 28,29,259/-. Drawing attention of this Court to the, copy of the order dated 06.02.2016, passed by the executing court being the Sub-Judge -I, Bermo at Tenughat, it is submitted by Mr. Tapash Kabiraj that the said order sheet of the court shows that the principal amount has been deposited in the executing court. 6. Having heard the learned counsel for the parties and perusal of record, it is pertinent to mention here that there can be no dispute to the proposition that the executing court cannot go beyond the decree. There can be no dispute that the executing court must take the decree according to its tenor. The executing court cannot modify an award. It is undisputed that the sole Arbitrator passed an award for the amount of Rs. 28,29,259/- and also ordered in paragraph No. 12 that the said award amount will carry interest at the rate of 10% per annum after 90 days of passing the award and the said award has reached finality, having not been challenged anywhere. There is no dispute that the respondents failed to pay the award amount within 90 days from the date of the award. Payment of the award amount after 90 days from the date of the award certainly cannot absolve the respondents of their liability to pay the interest awarded on the award amount from the 91 days from the award to till the date of payment Thus the impugned order of the executing court denying the interest for the said period to the petitioner is not sustainable in law and is liable to be quashed. 7. Accordingly, in the facts of the case and the law as discussed above, this Court is of the considered view that the petitioner is entitled to simple interest at the rate of 10% per annum from 11.12.2000 to 21.11.2016 on the awarded amount of Rs. 28,29,259/-. 8. Therefore, this writ petition is disposed of with the following direction:- "The respondents are, directed to pay a simple interest at the rate of 10% per annum on Rs. 28,29,259/-. 8. Therefore, this writ petition is disposed of with the following direction:- "The respondents are, directed to pay a simple interest at the rate of 10% per annum on Rs. 28,29,259/- to the petitioner within three months from the date of this order."