High Courts(2006) 02 P&H CK 0101

Samchana Co-Op. L&C Society Ltd. (The) vs Executive Engineer, Provincial Div.No.1, P.W.D.(B&R) & Anr.

Punjab And Haryana At Chandigarh · Decided on 15 February 2006 · Citation: (2006) 2 CurLJ 550 : (2006) 1 PLJ 92

HON’BLE JUDGES
Vinay Mittal, J
CASE NUMBER
Civil Revision No. 919 of 1999

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Judgment

8 paragraphs · 312 words

Vinay Mittal, J.

1.

The petitioner Samchana Coop. L&C Society Limited has approached this Court through the present revision petition.

2.

An award dated August 31, 1992 was passed by the Arbitrator in favour of the petitionerSociety. On an application, filed by the petitionerSociety, the learned trial judge, vide judgment dated December 24, 1997, made the aforesaid award the rule of the court. Interest at the rate of 18% per annum was granted from the date of passing of decree till the realization of the decretal amount.

3.

An appeal was filed by the Executive Engineer against the aforesaid judgment of the trial Court. Neither any appeal was filed by the Coop. Society nor any cross objections were preferred. The petitionerSociety, as a matter of fact, accepted the judgment of the trial Court.

4.

The learned Additional District Judge, on the basis of reappreciation of the material available on the record, upheld the judgment of the learned trial Judge. The appeal filed by the Engineer was dismissed.

5.

Now, the present revision petition has been filed by the petitioner Society claiming that it was also entitled to pendente lite interest for the period when the matter had remained pending before the trial Court.

6.

After hearing learned Counsel for the parties. I do not find that the present revision petition is legally maintainable. As noticed above, the petitionerSociety has accepted the judgment of the learned trial Judge. Neither any appeal was filed nor any crossobjections were preferred in the appeal filed by the Executive Engineer. In these circumstances, once the petitionerSociety had accepted the judgment of the trial Court and had not claimed any further relief before the learned first appellate Court, it cannot be held to have any grievance against the judgment passed by the trial Judge.

7.

The present revision petition is not even legally maintainable and is, consequently dismissed.