P.S.Patwalia, J. - (1.) The present revision petition had been filed for setting aside the orders dated 14.2.2003, 3.5.2003 and 16.5.2003 vide which the plea put forward by the State of Haryana for deducting their claim of liquidated damages made against the respondent from the amount awarded to the respondent by the Arbitration Tribunal by its award dated 17.7.2001 was rejected and certain salary accounts of the State were attached.
(2.) A reading of the revision petition would show that the primary grievance made by the State was that the executing Court was executing an award dated 17.7.2001 for an amount of Rs. 68.40 lacs in favour of the respondent-firm without taking into account the fact that the petitioners had also made a counter claim on account of liquidated damages to the tune of Rs. 1.52 crores. It was contended that if this excess claim was to be adjusted against the amount awarded by the Arbitration Tribunal then the respondent-firm would have owed a sum of Rs.84.48 lacs to the State Government.
(3.) When this matter was taken up for hearing today, learned Counsel for the respondent-firm pointed out that by an award dated 10.5.2005 all other pending claims had also been adjudicated by Arbitration Tribunal. These claims also included the claim made by the petitioners on account of liquidated damages. After adjudicating upon all the claims the Arbitration Tribunal has awarded the respondents a further sum of Rs. 1.77 crores. Learned Counsel for the respondents further states that even out of the amounts now awarded by the Arbitration Tribunal almost the entire claim has been satisfied and only controversy which now remains is regarding the amount payable towards interest.;