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High Court of Punjab and HaryanaCR/2777/2022dismissed

Executive Engineer And Another v. M/S J.P. Singla Engineers And Contractors

2022-10-14Mr. Justice Raj Mohan Singh3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 14.10.2022 Executive Engineer and another -Petitioners

Versus

M/s J.P. Singla Engineers and Contractors -Respondent Executive Engineer and another -Petitioners

Versus

Rajinder Pal -Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. R.S. Pandher, Sr. D.A.G., Punjab, for the petitioners.

Mr. T.P.S. Makkar, Advocate, for the caveator.

**** RAJ MOHAN SINGH, J. (Oral) Vide this common order, Civil Revision No.2777 of 2022 titled 'Executive Engineer and another vs M/s J.P. Singla Engineers and Contractors' and Civil Revision No.2815 of 2022 titled 'Executive Engineer and another vs Rajinder Pal' are being disposed of.

-2Admittedly, an award was passed by the Sole Arbitrator on 10.10.2019 in favour of the respondent- decree holder. No interest was awarded by the arbitrator. To the extent of interest component, respondent- decree holder filed objections under Section 34 of the Arbitration and Conciliation Act, 1996. No objections were filed by the petitioners- judgment debtors. Objections filed by the respondent- decree holder are pending before the Additional District Judge, Patiala. Virtually, the petitioners- judgment debtors have accepted the award by not assailing the same under Section 34 of the Act. Now, the present petition has been filed challenging the order dated 09.12.2021 passed by the Executing Court whereby warrants of attachment of the properties of the judgment debtors have been issued.

Evidently, the award dated 10.10.2019 passed by the Sole Arbitrator has attained finality against the petitioners. Only interest component at the instance of decree holder is pending before the Additional District Judge, Patiala. Since the award has not been satisfied by the petitioners, therefore, in my considered opinion, the impugned order(s) is justified.

-3Filing of these petitions are wholly mis-conceived. Dismissed.

14.10.2022 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No