- (1.) Tersely, the facts and material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, are that, respondent No.1-Punjab Agro Foodgrains Corporation Limited (for brevity "the PAF Corporation"), is a company duly owned by the Government of Punjab and registered under The Companies Act, 1956. During the crop season for the year 2001-2002, it purchased the paddy from the market at support price. Respondent No.3 M/s Jagdambey Gram Udyog Samiti (for short "the respondent-Samiti"), through its partners (governing body), entered into an agreement (Annexure P13) with the PAF Corporation for custom milling/shelling the paddy. In pursuance thereof, the PAF Corporation has actually delivered 26018 bags, weighing 13009-00 quintals of paddy to the respondent-Samiti, vide valid receipt for custom milling and shelling. As per the pointed agreement, the respondent-Samiti was required to mill the paddy and deliver the rice to the FCI on or before 30.6.2002. Not only that, the respondent-Samiti was granted the licence by the District Food & Supplies Controller to shell the paddy, which was valid upto 31.3.2004. The respondent-Samiti, by way of resolution dated 6.10.2000, authorized its Secretary to carry on the business with the PAF Corporation, for shelling the paddy from the year 2000-2001 onwards. All the JDs did not return the paddy to the PAF Corporation, committed the fraud and misappropriated its more than one crores of rupees. Consequently, the matter was referred to the Additional District & Sessions Judge (Retired) as sole arbitrator under the provisions of The Arbitration and Conciliation Act, 1996 (hereinafter to be referred as "the Act"). He passed the impugned award dated 8.4.2009 (Annexure P8) jointly and severally against the JDs in the following manner (paras 14 and 15) :- "14. Thus, from the totality of the facts and circumstances of the case, the claim of the corporation stands fully established. Resultantly, it is held that the claimants corporation is entitled to recover the cost of 445-123 MTs of due rice against 664- 350 MTs of paddy @ Rs.10633.10 totaling Rs.4746391/-, the cost of 19218 empty bags retained by the miller @ Rs.19.62 per bag amounting to Rs.377057/-Sales Tax @ 4.4% to the tune of Rs.16590/- ID Cess @ 1 % on MSP 1200-90 MTs x Rs.56/- amounting to Rs.67250/- & guarantee fee amounting to Rs.4651/- as detailed in the statement of accounts i.e. totaling Rs.5211939/- as on 29.9.2002 from the respondents. 15. Accordingly, an award is passed in favour of the claimants corporation and against the respondents in the manner detailed below:- 1. that the claimant is entitled to recover a sum of Rs.5211939/-from the respondents jointly or severally with agreed interest @ 21% per annum w.e.f. 29.9.2002 till the date of award. 2. that the claimant is further held entitled to interest @ 18% on the sum total of the due amount so arrived after calculation from the date of the award till the date of actual realization as per provisions of Section 31(7)(b) of the Arbitration and Conciliation Act, 1996. 3. that the costs of the arbitration proceedings are quantified at Rupees ten thousand only which shall be borne by the respondents; and 4. that the respondents are directed to make the payment of the award within a period of 3 months to the claimant failing which the claimant corporation shall be at liberty to recover the same through execution in accordance with law."
(2.) It is not a matter of dispute that the pointed award has already attained the finality. As the JDs did not make the payment of the awarded amount, therefore, the PAF Corporation filed the execution petition (Annexure P9). Instead of making payment, the petitioners-JDs filed the objection petitions (Annexures P10 & P11) to object the award.
(3.) Taking into consideration the entire facts & evidence on record, the executing Court (Additional District Judge) dismissed the indicated objection petitions, by means of impugned order dated 16.1.2014 (Annexure P12).;