Union Of India vs M/S Des Raj Nagpal
2021 Latest Caselaw 749 j&K

                                                           S.No.232


        IN THE HIGH COURT OF JAMMU AND KASHMIR
                       AT JAMMU



                           APCIV No.56/2018


Union of India                                     ...PETITIONER(S)

           Through: Ms. Vandana Sharma, CGSC

Vs.

M/s Des Raj Nagpal                                ....RESPONDENT(S)

           Through: Mr. Anil Mahajan, Advocate


CORAM:HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

                                    ORDER

1. Through the medium of this application Union of India is

seeking an order for remitting back an amount of

Rs.4,04,820.20 out of Rs.6,65,086/-, which had been

deposited by it in pursuance of the directions of this Court

dated 07.08.2003. In the application it is stated that this Court

while dealing with the appeal i.e. CIMA No.154/2003 clubbed

with CIMA No.156/2003 has allowed the appeal filed by the

Union of India to the extent of claim awarded by the

Arbitrator under claim No.2(1)(k) for an amount of

Rs.1,20,785/-, which relates to the compensation on account

of damages suffered by the respondent-contractor.

2. This Court while deciding the appeal vide judgment dated

20.02.2017 has upheld the award of the Arbitrator, except the

compensation awarded under Claim No.2(1)(k). A perusal of

the judgment of this Court would reveal that this Court while

deciding the appeals has not found any merit insofar as other

grounds taken with regard to the claim awarded by the

Arbitrator were concerned. However, award to the extent it

awarded compensation under Claim No.2(1)(k) for an amount

of 1,20,785/- was set aside. The appellant, pursuant to the

order passed by this Court on 07.08.2003 deposited an amount

of Rs.6,65,086/- vide cheque No.122545 dated 31.10.2003.

Since the appeal preferred by the Union of India the extent of

grant of compensation on account of delay i.e. Claim

No.2(1)(k) was allowed, therefore, the amount deposited on

account of said claim is required to be remitted back in favour

of the Union of India.

3. This application is, accordingly, allowed and Registry is

directed to remit an amount of Rs.1,20,785/- along with

interest, if any, accrued on the said amount in favour of the

Union of India.

(Vinod Chatterji Koul) Judge Jammu 23.07.2021 "Vinod, PS"

VINOD KUMAR 2021.07.26 13:16 I attest to the accuracy and integrity of this document