9911796707
TMI Blog2002 (2) TMI 1347X X X X Extracts X X X X X X X X Extracts X X X X ..... speaking award. After hearing both the parties, the trial Court made the award of the Arbitrator rule of the Court and accordingly passed the decree. The operating part of the award and the decree read as hereunder: AWARD The respondents do deliver the claimant an amount of Q.1301.4 Kg. of bran and Q.1616.74 of rice germ within a month on taking the price adjusting claims allowed under items 1 and 2 and pay him further a sum of ₹ 10,000/-. In case bran and germ are not delivered the claimant will get from the respondents a sum of ₹ 65018.59 with interest on the profits under the items 4 and 5 amounting to ₹ 4676.16 @ 12 . In all he will get ₹ 69,694.75 paise. This amount will carry interest at 12% per annum d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de of Civil Procedure (in short, 'CPC'), challenging to the executability of the decree. Learned Sub-ordinate Judge allowed that application and ordered that in view of non-performing of his part by depositing the money relating to the price of rice bran and rice germ decreed under the award, the decree-holder has failed to make the decree executable. Accordingly he allowed that application under Section 47, CPC and that order is challenged in Civil Revision No. 814 of 1985. Learned sub-ordinate Judge passed a consequential order by dismissing the execution proceeding and that order is challenged in Civil Revision No. 813 of 1985. 5. Because of the oldness of the litigation and availing of each of the forums till the Apex Court t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch matter is independent of an execution proceeding. Therefore, the aforesaid contention of Mr. Rath has some force. But, entertaining the dispute and deciding the issue in the complained manner amounts to violating the principle of natural justice for not affording an opportunity of hearing and to place his contention on that issue by the decree-holder. It is therefore appropriate that the matter should be remitted back to the Court below with a direction to hear and dispose of the application u/s. 47, CPC so also the matter relating to execution, discharge or satisfaction of the decree. 7. In view of the oldness of the execution proceeding, it is directed that the Executing .Court shall do well to dispose of the issue, as far as practi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
