Bharat Sanchar Nigam Limited vs Tirath Singh

Arindam Sinha, J

I.A. No.47 of 2022

Mr. Sangneria, learned advocate appears on behalf of applicant, who was respondent in the appeal. He submits, prayer in the application is for appropriate order permitting his client to withdraw sum of Rs.7,38,522.70 along with accrued interest as part of arbitral award deposited by respondent in this Court. On query from Court he refers to order dated 28th July, 2003 carrying the direction for deposit. The direction is extracted and reproduced below.

“Considering the prayer made, I direct that on the appellant depositing the awarded amount before this Court within two weeks, there shall be stay of further proceeding in Execution Case No.4 of 2001 arising out of Arbitration Case No.CE(ARB) SBL/127 pending before the learned District Judge, Khurda.

Both the Misc. Cases are disposed of accordingly.”

Mr. Mohanty, learned advocate appears on behalf of respondent in the application, who was appellant. Earlier he had submitted with reference to said order dated 28th July, 2003 that there was direction to deposit awarded amount. Applicant, having applied for payment of same to him, had also threatened to proceed to execution against his client. This caused Mr. Sangneria to pray for adjournment to produce the award and demonstrate that entire awarded amount was not deposited in favour of the appeal.

Applicant has produced the award. Mr. Mohanty’s client has filed an objection carrying a calculation chart. At the bar dispute is raised regarding what should be the awarded amount.

The direction for deposit of awarded amount within two weeks was by order dated 28th July, 2003. The deposit was thereafter made and the appeal heard and disposed of. In all this while applicant had not disputed the amount deposited, at Rs.7,38,522.70. In fact prayer in the application is for payment of that sum along with accrued interest, as part of arbitral award deposited. The application does not carry particulars of any other part of awarded amount, not deposited. Court has ascertained that upon the deposit having had been made, it was kept in an interest bearing account.

On query from Court Mr. Mohanty submits, the deposit was made with Registrar (Judicial). The Registrar is directed to encash proceeds in the interest bearing account, where the deposit was kept and make over the same to applicant in due execution, discharge and satisfaction of the award. For that purpose applicant will produce this order before the Registrar and comply with the formalities as may be required.

The application is disposed of.

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