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State of Haryana & Ors v. M/s.Nangia Construction (India) Pvt.Ltd. - CR-3410-2003 [2006] RD-P&H 5385 (8 August 2006)

C.M.No.7196-CII of 2006 and [1]

Civil Revision No.3410 of 2003


C.M.No.7196-CII of 2006 and

Civil Revision No.3410 of 2003

Date of Decision: 11 - 8 - 2006

State of Haryana and others ........Petitioners v.

M/s.Nangia Construction (India) Pvt.Ltd. ........Respondent CORAM: HON'BLE MR.JUSTICE P.S.PATWALIA

Present: Mr.R.S.Kundu, Addl.A.G., Haryana for the petitioners.

Mr.Sanjay Kaushal, Advocate

for the respondent.



The present revision petition had been filed for setting aside the orders dated 14.2.2003, 3.5.2003 and 16.5.2003 vide which the plea put forward by the State of Haryana for deducting their claim of liquidated damages made against the respondent from the amount awarded to the respondent by the Arbitration Tribunal by its award dated 17.7.2001 was rejected and certain salary accounts of the State were attached.

A reading of the revision petition would show that the primary grievance made by the State was that the executing Court was executing an award dated 17.7.2001 for an amount of Rs.68.40 lacs in favour of the respondent-firm without taking into account the fact that the petitioners had also made a counter claim on account of liquidated damages to the tune of Rs.1.52 crores. It was contended that if this excess claim was to be adjusted against the amount awarded by the Arbitration Tribunal then the respondent-firm would have owed a sum of Rs.84.48 lacs to the State Government.

C.M.No.7196-CII of 2006 and [2]

Civil Revision No.3410 of 2003

When this matter was taken up for hearing today, learned counsel for the respondent-firm pointed out that by an award dated 10.5.2005 all other pending claims had also been adjudicated by Arbitration Tribunal. These claims also included the claim made by the petitioners on account of liquidated damages.

After adjudicating upon all the claims the Arbitration Tribunal has awarded the respondents a further sum of Rs.1.77 crores. Learned counsel for the respondents further states that even out of the amounts now awarded by the Atbitration Tribunal almost the entire claim has been satisfied and only controversy which now remains is regarding the amount payable towards interest.

A reading of the orders made by this Court in this revision petition also shows that various amounts were ordered to be released to the petitioners by this Court as well. Learned counsel for the respondents submits that out of the original amount of Rs.68.11 lacs as of now approximately a sum of Rs.15 lacs remains outstanding.

I have heard learned counsel for the petitioners and the respondents on the merits of the controversy as well. After hearing the learned counsel I am of the opinion that today it is the admitted position between the parties that substantial sums as awarded to the respondents have been paid by the State Government. In this view of the matter, I am of the opinion that the orders impugned in this revision petition deserve to be set aside. It is also brought to my notice that proceedings are still pending before the executing Court. The parties would necessarily now be relegated to the executing Court where they can make out their claim for any amounts which are still due. The executing Court will deal with those submissions in accordance with law.

The revision petition is disposed of in the aforementioned terms.


August 11, 2006. JUDGE

C.M.No.7196-CII of 2006 and [3]

Civil Revision No.3410 of 2003



Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites


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