Punjab State Electricity Board Patiala Now Pspcl v. M/S A.A. Enterprises

Reserved on: 25.09.2023

Pronounced on: 19.10.2023 **** , . A dispute arose between them. As per Clause 28 of the purchase order, the matter was referred to arbitration. On 18.04.1997, award was announced (Annexure P-5). The respondent was directed to pay a sum of ₹3,06,178.92/- to the petitioner within a period of one month. Interest @ 18% per annum on the awarded amount was granted w.e.f. 18.05.1997 till realization in case the amount was not paid within the period of 30 days i.e. by 17.05.1997. Some other amounts were also awarded. This award was challenged but the same was made a rule of the Court on 21.11.2001. The appeal filed against the said decision was dismissed in default on 12.02.2004. A restoration application was filed but the same was also dismissed on 26.03.2007. FAO No.1583 of 2007 was

-2filed before this Court wherein on 20.04.2007, a Coordinate Bench stayed the execution of the Award subject to the deposit of the entire principal amount with the trial Court with a direction to the trial Court to release the same to the respondent. Ultimately the appeal was accepted on 16.01.2009 and the matter was remanded to the first Appellate Court for a fresh decision. The first appeal was dismissed on 15.06.2011 by the Court of Additional District Judge, Patiala (Annexure P-2). Execution petition was filed claiming ₹10,01,094/- (Annexure P-3). Objections under Section 47 CPC were also filed (Annexure P-4). By way of the impugned order, the objections were allowed and the execution petition was dismissed leading to the filing of the present revision petition.

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-5- 19.10.2023