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2025 DIGILAW 468 (JHR)

Uranium Corporation of India Limited v. Matchi (Mateti) Engineering & Contractor

2025-02-18

SANJAY KUMAR DWIVEDI

body2025
JUDGMENT : Heard Mr. Sunil Singh, learned counsel appearing for the petitioner and Mr. Pratyush Kumar, learned counsel appearing for the sole opposite party. 2. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 19-08-2023 passed by the learned Civil Judge (Sr. Div)-I, Ghatsila, in Execution Case No. 01 of 2005, whereby he has been pleased to direct that an amount of Rs. 12,36,387.62 (principal + interest) is still due toward satisfaction of re-drawn decree dated 17-03-2021 prepared in Arbitration Appeal No. 07 of 2003. 3. Learned counsel appearing for the petitioner submits that the petitioner floated a tender for construction of building for its Hostels. The respondent-contractor being the lowest bidder was awarded the work contract for construction of Five Blocks of Hostels by work order dated 07-12-1989 and the work has to be completed within 9 months and 15 days i.e. by 22-09-1990. He submits that initially entire work order was for Rs. 30,79,695.94, but with mutual consent of the parties an additional work for 2 more Blocks were also awarded by another Work order dated 10-03-1990 to the respondent which was for a sum of Rs. 12,37,990.37 with a completion period up to 10-12-1990. He further submits that the total work contract was for a sum of Rs. 50,47,233.06. He then submits that the dispute arose with regard to the said work order then the said work order stands cancelled and finally the order of foreclosure was issued on 01.06.1992. He then submits that the arbitration clause was invoked and the arbitrator was appointed, who pronounced the award dated 09.10.1995, whereby, it was held that the claimant is entitled to a sum of Rs. 17,40,153.21 with the interest as given claim wise after deducting the counter claim for a sum of Rs. 1,67,095/- with interest @ 17% from 27.05.1992 to 09.10.1995. He also submits that the sole opposite party filed a petition before the court of learned Sub-Judge-I Ghatshila for making the aforesaid award Rule of the court by filing Title Suit No. 09 of 1998, which was allowed by order dated 09.05.2003 granting interest @ 18% over and above on all the claim amount awarded with interest @ 17% by the Arbitrator. He submits that an appeal was preferred before this court under Section 39(1)(vi) of the Arbitration and Conciliation Act, 1996, being Arbitration Appeal No. 07 of 2003, which was partly allowed by order dated 01.11.2018 and the award was modified to the effect that interest brought to 10% in place of 18%, accordingly, the decree was prepared, which was signed and sealed on 18.06.2019, whereby a sum of Rs. 45,01,395/- has been determined as decretal amount. 4. Learned counsel appearing for the petitioner submits that a civil review No. 95 of 2019 was filed on behalf of sole opposite party for reviewing the judgment and decree dated 01.11.2018 and 18.07.2019 passed in Arbitration Appeal No. 07 of 2003. He further submits that the review petition was decided on 29.01.2019 by way of partly allowing the same to the effect that the impugned judgment deserves to be reviewed on the first ground taken so far as the award of post decreetal interest is concerned, which should be on the principleinterest added thereupon. 5. Learned counsel further submits that the decree was not in accordance with the judgment of this Court, hence CMP No. 50 of 2021 was filed by the petitioner for necessary correction in the decree dated 18.06.2019 and also for calculation. He submits that the sole O.P. also filed C.M.P. No. 210 of 2021 for correction of the decree dated 17.03.2021, prepared pursuant to the judgment passed in Civil Review No. 95 of 2019. He submits that both the CMPs were heard together by the co-ordinate Bench of this court and the same were dismissed on03.03.2023. 6. On the above grounds, learned counsel appearing for the petitioner submits that now the court is proceeding in the matter and has wrongly calculated the amount in view of the #(hatch). He submits that the order of learned executing court may kindly be modified. 7. Learned counsel appearing for the sole respondent submits that the modification has been sought by the petitioner as well as the sole opposite party in the order of the High Court, however, their prayers have been declined by the common order dated 03.03.2023, contained in Annexure-4 of this petition. He submits that only to delay the matter, the present case has been filed. 8. He submits that only to delay the matter, the present case has been filed. 8. In view of the above, it transpires that the award has been passed, which has been challenged before the High Court and the High Court has partly allowed the same to the effect that interest brought to 10% in place of 18%. Thereafter the review petition was filed by the claimant-contractor and the said review was partly allowed to the effect that the impugned judgment deserves to be reviewed on the first ground taken so far as the award of post decreetal interest is concerned, which should be on the principle + interest added thereupon. 9. CMP No. 50 of 2021 was filed by the petitioner for necessary correction in the decree dated 18.06.2019 and also for calculation and the sole O.P. filed C.M.P. No. 210 of 2021 for correction of the decree dated 17.03.2021, prepared pursuant to the judgment passed in Civil Review No. 95 of 2019, however, both the CMPs were heard together and the same were dismissed by the common order dated 03.03.2023, wherein the co-ordinate Bench has held that the order dated 17.03.2021 redrawn pursuant to the order dated 29.01.2021 passed in Civil Review No. 95 of 2019 remains intact calling for no amendment. Thereafter the executing Court is proceeding in the matter and in the meantime, by way of taking the new plea, the petitioner has filed the present CMP. 10. What has been discussed hereinabove and in light of the order dated 03.03.2023 passed in C.M.P. Nos. 210 of 2021 and 50 of 2021, no interference is required in this matter. As such, this petition is dismissed. Pending I.A., if any, stands dismissed. 11. The deposited amount before this court will be transmitted back to the learned executing court for satisfying the award within three weeks.