Ranjit Singh v. Himachal Pradesh State Electricity Board Ltd.
2022-11-25
JYOTSNA REWAL DUA
body2022
DigiLaw.ai
JUDGMENT : (Jyotsna Rewal Dua, J.) This execution petition seeks to enforce an award passed by the learned Arbitrator on 30.11.2019. Following amounts in different claims preferred by the claimant were allowed in the award as under:- Claim No. Claim Amount claimed Amount awarded 1 Payment for slip removal and TDS Rs. 1,63,988 Rs. 1,63,988 2 Balance payment of works other than slip removal Rs.9,31,873.35 4,50,149/- 3 Payment on account of filling behind retaining walls Rs.7,74,058/- 6,72,913/- 4 Payment for difference in weight of tower materials Rs.17,843.38 Rs.17,843.38 5 Interest 18% 12% per annum on all amounts awarded above till the date of award, whereafter interest at the statutory rates specified in Section 31(7)(b) would apply. In addition, an amount of Rs.75,000/- was awarded as costs. 2. In the execution petition preferred on 5.10.2021, the decree-holder has claimed following amount under the aforesaid amount:- 7 Amount with interest due upon the decree or other relief granted thereby together with particulars of any cross decree Principal amount as awarded against claims of the decree holder Rs.13,04,893.38/- Interest as per award on principal amount from 01.01.1989 upto 4.12.2019@ 12%. Rs.48,42,894.07/- Net amount payable to DH as on the date of award, i.e. 4.12.2019 Rs.61,47,787.45/- Interest as per Arbitration and Conciliation Act, 1996 after date of award i.e. from 5.12.2019 to 20.09.2021 @18% Rs.19,82,661.45/- Net amount payable to DH as on the date i.e. 20.09.2021 (excluding costs) Rs. 81,30,448.90/- The JD is also liable to pay costs and further interest on Rs.61,47,787.45/- as per Section 37(1) (b) of the Arbitration and Conciliation Act, 1996 till date of payment in addition to the costs of these proceedings. Further interest is calculated at Rs.3073.89 per day and Rs.92,216.81 per month. 3. In the preliminary submission in its reply filed to the execution petition, the judgment debtor has stated as under:- “2. That it is the humble and respectful submissions of the judgment debtor that the judgment debtor has calculated the amount of the interest on the awarded amount of Rs. 13,04,893.38/- on and w.e.f. 01/01/1989 till the date of award i.e 04/12/2019 @ 12 percent per annum and thereafter @ 18 percent till 31/01/2022 which comes out to be Rs. 67,29,955/- and the same amount has been deposited with the Registry of this Hon'ble High Court on 20/06/2022 as is evident from the order passed by this Hon'ble High Court on 21/06/2022.
67,29,955/- and the same amount has been deposited with the Registry of this Hon'ble High Court on 20/06/2022 as is evident from the order passed by this Hon'ble High Court on 21/06/2022. It is further submitted with due respect that the judgment debtor has inadvertently and under a bonafide mistake has calculated the amount of the interest till 31/01/2022 and interest for the period 02/2022 to 06/2022 which comes out to the tune of Rs. 97,867/- and this amount of the interest has also been deposited with the Registry of this Hon'ble High Court on 02/07/2022 accordingly. The amount payable to the petitioner has been paid. 3. That it is the further humble and respectful submissions of the judgment debtor that as per the calculation of the judgment debtor the total amount payable to the decree-holder as per the award dated 04/12/2019 on and w.e.f. 01/01/1989 to 04/12/2019 @ 12% till the date of the award and thereafter @ 18 till 31/01/2022 which comes out to be Rs.67,29,955/- including costs as awarded by the Ld. Sole Arbitrator, but the decree-holder has claimed a sum of Rs. 81,30,448.90/- which is on the very higher side and is a wrong calculation. It is further the further humble and respectful submissions of the judgment debtor that keeping in view the calculations made by the judgment debtor the award in question stands fully satisfied except that the interest for the period of 02/2022 to 06/2022 which comes out to the tune of Rs. 97,867/- and the same has also been deposited with the Registry of this Hon'ble High Court on 02/07/2022. As such the question in respect of the amount claimed by the decree-holder on account of interest in the present case is required to be decided by this Hon'ble High Court under section 47 r/w section 151 CPC so that the award in question can be fully satisfied and the judgment debtor shall be discharged from their legal obligation under the award.” 4. According to the judgment debtor, total amount in terms of the award dated 4.12.2019 comes out as Rs.67,29,955/- including costs, whereas the decree holder has claimed a sum of Rs.81,30,448.90/-. The judgment debtor has disputed the calculation made by the decree holder.
According to the judgment debtor, total amount in terms of the award dated 4.12.2019 comes out as Rs.67,29,955/- including costs, whereas the decree holder has claimed a sum of Rs.81,30,448.90/-. The judgment debtor has disputed the calculation made by the decree holder. Notwithstanding the dispute between the parties, it stands admitted by the judgment debtor that at-least an amount of Rs.67,29,955/- + Rs.97,867/- (interest for the period 02/2022 to 06/2022) = Rs.6,827,822/- is due to the decree-holder in terms of the award in question. Amounts of Rs.67,29,955/- and Rs.97,867/- have been deposited in the Registry of this Court on 20.06.2022 and 02.07.2022, respectively. 5. Learned vice counsel for the decree-holder submits that keeping the rights and contentions of the decree-holder open, this execution petition may be disposed of as partly satisfied by ordering the release of the said amount deposited by the judgment debtor in the Registry of this Court. Learned counsel appearing for the judgment debtor has no objection to the prayer made by learned vice counsel for the decree-holder. In view of above submissions of learned counsel for the parties, the Registry is directed to release the amount of Rs.67,29,955/- + Rs.97,867/- =Rs.6,827,822/- deposited by the judgment debtor in favour of the decree-holder by crediting the same to his bank account. Learned counsel for the decree-holder to supply the details of the bank account of the decree-holder within a period of two weeks from today to the Registry of this Court. The execution petition is accordingly disposed of as partly satisfied. Needless to observe that all rights and contentions of the parties with respect to the calculations of the amount due to the decree-holder in terms of the award are left open. Pending application(s), if any, also stand disposed of accordingly.