Uttarakhand Rural Road Development Agency (U.R.R.D.A.) and another vs District Magistrate/Collector, Dehradun and others

Hon''ble B.S. Verma, J.—By means of this writ petition, the petitioner is assailing the impugned orders dated 04.08.2012 and 11.09.2012 passed by District Judge, Uttarkashi in Execution Case No. 7 of 2008 whereby it is directed that decretal amount be recovered through Collector, Dehradun as arrear of Land revenue. In turn, the Collector, Dehradun issued the recovery certificate of decretal amount against the petitioner. According to the petitioner, briefly stated the facts of the case are that against the award of the arbitrator, the objections u/s 34 of the Arbitration and Conciliation Act, 1996 (in short '' The Act") have been filed by the petitioner before District Judge, Uttarkashi who has dismissed the objections of the petitioner which was filed against the award dated 29.01.2009, vide order dated 01.08.2011.

Thereafter, an appeal was preferred before this Court i.e. A.O. No. 362 of 2011 for quashing the order dated 01.08.2011 passed by District Judge, Uttarkashi in Arbitration case No. 48 of 2009 whereby the objections of the petitioner filed u/s 34 of the Act have been rejected.

This Court, on 09.09.2012 directed to the petitioner to deposit the amount of the award within three months and also summoned the lower court record and stay application was disposed of. Thereafter, the petitioner sought extension of time, again one month time was granted to the petitioner to deposit the amount of the award vide Court''s order dated 07.12.2011. But due to the fact that non-sanction of the amount of the award from the Government department, the amount was not deposited. On 09.01.2012, this Court in appeal vacated the interim order dated 09.09.2011.

Learned counsel for the petitioners drew attention of this Court that Section 36 of the Act provides that where the time for making an application to set aside the arbitral award u/s 34 has expired, or such application having been made, it has been refused, the award shall be enforced under the Code of Civil Procedure, 1908 (5 of 1908), in the same manner as if it were a decree of the Court.

Therefore, prima facie, it reveals that in execution case, order passed by District Judge is against the provision u/s 36 of the Act.

Therefore, the operation of impugned order dated 04.08.2012 shall remain stayed and Recovery Certificate issued by the Collector shall not given effect to till the next date of listing. However, it is made clear that the execution court may proceed in accordance with the order 21 CPC against the petitioner for execution of decree.

Issue notice to the respondent No. 3 returnable at an early date. Apart from the normal mode of service, the petitioner would be at liberty to serve dasti upon the respondent No. 3.

List this petition in the week commencing 29.10.2012 for admission/orders. Certified copy of the order be issued to the learned counsel for the petitioners by tomorrow on payment of usual charges.