LAWS(MEGH)-2016-9-1

UNION OF INDIA AND ANOTHER Vs. M/S KRISHNA ENTERPRISE AND ANOTHER

Decided On September 08, 2016
UNION OF INDIA AND ANOTHER Appellant
V/S
M/S Krishna Enterprise And Another Respondents

JUDGEMENT

(1.) By way of this revision petition, the Chief Engineer, Military Engineering Service, Shillong Zone and the Garrison Engineer, Military Engineering Service, Shillong Division, East Khasi Hills District, Meghalaya (hereinafter referred to as ,,the petitioners/,,the judgment - debtors), have questioned the legality of proceedings in (ARB) Execution Case No.1 (T) of 2016 by the Court of Additional Deputy Commissioner (Judicial), Shillong for execution of an arbitral award made in favour of the non -petitioners (hereinafter also referred to as ,,the decree -holders).

(2.) The relevant background aspects of the matter could be noticed as follows: Under a contract dated 28.09.2006 between the parties, the non -petitioners herein were to render periodical services to OTM ACCN at Happy Valley under the Garrison Engineer, Shillong. The disputes having arisen, matter was referred to arbitration; and ultimately, the sole arbitrator made an award dated 17.12.2015 in favour of the non -petitioners in the following terms: -

(3.) The arbitrator further held the non -petitioners entitled to the cost of proceedings quantified at Rs.50,000/ -.