Anil Kumar Choudhary, J. - (1.) Heard the parties through video conferencing.
(2.) This petition has been filed by the petitioner under Article 227 of the Constitution of India with a prayer for quashing/setting aside the order dated 12.04.2019 passed by the Sub-Judge-VI, Ranchi in Execution Case No. 03 (A) of 2005 and also prayer for direction to the execution court to execute the award passed by the learned sole arbitrator and further direction to the respondents to make payment of interest at the rate of 7% per annum on the penalty from 25.05.2012 to 22.04.2019 in terms of the order dated 17.01.2019 in Special Leave to Appeal (C) No(s). 12369 of 2018.
(3.) This is the third journey of the parties before this Court. The brief facts of the case is that the petitioner is a land owner and the respondents are builders and there was a development agreement between the parties according to which, the land owner was to get 14 units of flats constructed over his land by the builder. The builder handed over 13 units of flat and there was some dispute regarding handing over of the 14th flat. The matter was referred to Arbitration. The Arbitrator in its award ordered that upon the petitioner paying approximately Rs.9,00,000/- the builder will hand over the 14th flat after 15 days of receiving the said Rs.9,00,000/- odd amount. The award was up held up to the Hon'ble Supreme Court of India. The petitioner paid Rs.9,00,000/- odd amount on 07.03.2009 so he was entitled to get the flat (being the 14th flat) on 23.03.2009 but the builder did not handover the said flat and the matter was before this Court in W.P.(C) No.2034 of 2010.Consequent upon the orders passed by this court in the said W.P.(C) No.2034 of 2010, the respondents-builder agreed to handover the flat to the petitioner on 24.05.2012 but did not pay the penalty as envisaged in the award. Hence, the matter again came before this Court in W.P. (C) No.2791 of 2014 wherein a coordinate Bench of this Court directed the Executing Court to implement the award in totality and take fresh decision in the petition filed by the petitioner within a period of one month regarding payment of penalty emerging out of the award for the delay in handing over the flat. The builder movedbefore the Hon'ble Supreme Court of India in Special Leave to Appeal (C) No(s). 12369 of 2018 and vide order dated 17.01.2019, the Hon'ble Supreme Court of India dismissed the special leave to appeal petition of the respondents-builderwith cost of Rs.50,000/- and also ordered that the Executing Court will decide the exact amount of penalty and will award interest on the figure to be decided at the rate of 7% per annum with effect from 23.03.2009. In compliance of the said order of the Hon'ble Supreme Court of India, the impugned order dated 12.04.2019 passed by the Sub-Judge-VI, Ranchi in Execution Case No. 03 (A) of 2005, was passed by the learned Executing Court by which it ordered that the respondents-builder was to pay a total sum of Rs.22,33,364/- as per the breakup mentioned as under :- (a) from 07.03.2009 to 21.03.2009, 15 days be granted as grace period, (b) 22.03.2009 to 21.09.2009, it will be payable @ 30,000/- per month for six months equal to Rs.1,80,000/-, (c) 22.09.2009 to 21.05.2012 @ Rs.50,000/- per month for 32 months be Rs.16,00,000/- and (d) for the rest three days i.e. for 22.05.2012 to 24.05.2012 @ 1666/- per day, One day cost of penalty on the basis of Rs.50,000/- per month that will be Rs.5000/-, therefore, the exact amount of penalty will be (e) 1,80,000/-+ 16,00,000/- +5000/- is equal to 17,85,000/- (f) Interest from 23.03.2009 to 22.03.2009 @ 7% p.a. for exact three years on the amount of penalty of Rs.17,85,000/- i.e. equal to 3,74,850/- (g) For remaining months i.e. from 23.03.2012 to 22.05.2012 exact interest for two months will be approximately Rs.22,820/- and (h) from 23.05.2012 to 24.05.2012 two day penalty will be approximately Rs.694/- Therefore, the total amount be payable by the judgment-debtor to the decree-holder is equivalent to (i) 17,85,000/-+50,000/-+3,74,850+22,820+694/- approximately Rs.22,33,364/- only. which include interest on the penalty amount from 23.03.2009 to 24.05.2012.Ultimately the respondents-builder vide demand draft dated 22.04.2019, paid the said amount, which includes interest from 23.03.2009 to 24.05.2012 and also the cost of Rs.50,000/- ordered by the Hon'ble Supreme Court of India in Special Leave to Appeal (C) No(s). 12369 of 2018.The respondents paid the amount of Rs.21,83,364/- vide demand draft dated 22.04.2019 and the cost amount imposed by the Hon'ble Supreme Court of India amounting to Rs.50,000/- was paid by the respondents-builder by a separate cheque. ;