BANERJEE CONSTRUCTION Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present execution proceedings were launched following an award made on October 16, 2006. The matter cannot be proceeded with without the concluding part of the award being noticed : the Award could not be finalised as the Award has to be changed accordingly. This letter is kept on record. Hence another two sittings will be required for finalising the Award and handing over the same to the parties. Therefore total sittings would be 66. Hence the costs upto 66th sittings will be Rs. 3,86,600/- which includes the miscellaneous expenses of Rs. 500/- to be paid by the claimant for finalising the Award. The respondent has paid Rs. 1,52,100/ -. Hence the balance amount would be Rs. 2,34,500/ -. The costs incurred by the claimant for contesting this Arbitration Proceeding is Rs. 2,81,000/- as will be clear from the claimant's letter dated 2. 5. 2006 which is kept on record. Hence the claimant will be entitled to recover costs from the respondent amounting to Rs. 5, 15, 500/ -. The time to file the Award is extended upto 30. 11. 2006. "

(2.) IT, therefore, is evident that the award was not final as it required to be corrected and the time to file the award was kept extended by the arbitrator till November 30, 2006. It is undisputed that by a letter of November 7, 2006, the arbitrator corrected certain typographical mistakes in the award of October 16, 2006. The figure at page 14 of the award was also corrected. The award debtor claims to have received the letter of November 7, 2006 on November 13,2006.

(3.) THE execution proceedings were launched by the Tabular statement taken out on January 18,2007. Upon the award-debtor getting notice, the award-debtor pointed out to this Court that an application under Section 34 of the Arbitration and Conciliation Act, 1996 had been filed before the District Judge at Barasat challenging the award. On such submission, an order was made by this Court on June 7, 2007, the material part whereof is as follows :