High CourtsSingle Bench

Executive Engineer, Central Works Department No. 1 P.W. D. (B and R), Branch, Amritsar vs M/s Daljit Singh and Brothers, 22-Golden Avenue, Amritsar

Punjab And Haryana At Chandigarh · Decided on 1 October 2012 · Citation: (2012) 10 P&H CK 0104

HON’BLE JUDGES
Jaswant Singh, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Dismissed
CASE NUMBER
Civil Revision No. 5553 of 2012 (O and M)
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Judgment

2 paragraphs · 181 words

Jaswant Singh, J.—Judgment debtor/petitioner, who is department of PWD (B&R) through its Executive Engineer has come in revision under Article 227 of the Constitution of India for setting aside order dated 17.05.2012 (Annexure P-2) passed by learned Executing Court whereby, the objections of the petitioner/judgment debtor have been dismissed. Further, challenge is to the order dated 09.06.2012 (Annexure P-3) whereby, bank account has been ordered to be attached towards recovery of the awarded amount. Learned Counsel for the petitioner submits that the learned Executing Court has illegally dismissed the objection petition on the premise that objections u/s 34 to the award were not filed in time.

2.

After hearing Learned Counsel for the petitioner, I find that the arguments is wholly devoid of any merits in the present case. The award was passed on 22.07.2010 (Annexure P-1) by the sole Arbitrator namely Superintendent Engineer and against which no objections were ever filed by the department. Since the executing court has not gone beyond the decree, therefore, no fault can be found in both the impugned orders (Annexures P-2 and P-3). Dismissed.