- (1.) This order shall dispose off two revision petitions bearing Civil Revision No. 2591 of 2010 and Civil Revision No. 2869 of 2010. However, for the sake of convenience, the facts are extracted from Civil Revision No. 2591 of 2010.
(2.) In short, the Municipal Council, Jind conducted the auction for collection of octroi in the Municipal Council in which M/s Randhir Singh & Company was the highest bidder and allotted the contract for collection of octroi for the period w.e.f 01.07.1995 to 30.06.1996. According to the petitioners, the Municipal Council, Jind did not provide requisite staff, roads were broken and there was a flood in the area of Municipal Council as a result of which, the contract was discontinued after four months of the agreement. It led to a dispute between the parties regarding payment of the contract money i.e. Rs. 80,11,000/-. The Civil Judge, Jind appointed the Financial Commissioner and Secretary, Government of Haryana Local Government Department as Arbitrator vide its order dated 16.07.197 in terms of Clause 26 of the agreement. The Arbitrator announced his award on 21.04.1998 and found that the petitioners were liable to pay Rs. 22,00,759.60/- i.e. towards the principal amount and Rs.3,46,619/- towards interest for the period from 01.07.1996 to 15.05.1997 and also ordered that interest @ 18% be recovered from the petitioners from the date of award till its realization. The petitioners challenged the award by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996 (for short ' the Act') which was dismissed by the Civil Judge (Sr. Division) Jind on 31.01.2006. It is stated that the appeal carried against that order was also withdrawn due to technical defect with liberty to file it again but later on it is alleged to have been dismissed.
(3.) Thereafter, no further proceedings were taken in respect of the award of the Arbitrator and as such it has become final between the parties. The Municipal Council, Jind then filed an application for execution of the award dated 21.04.1998 under Order 21 Rule 11-A CPC for arrest and detention of the JDs in order to satisfy the decree. In the said application, District Judge, Jind did not issue any notice to the petitioners and passed the order dated 03.04.2010, issuing arrest warrants to the SHO, P.S City, Jind. Aggrieved against the said order, the petitioners, who happened to be the partners of the firm M/s Randhir Singh & Company preferred two revision petitions, the Civil Revision No. 2591 of 2010 is filed by nine persons, whereas Civil Revision No. 2869 of 2010 is filed by two persons.;