AI Structured Summary
Not yet generated for this judgment
Judgment
Gautam Kumar Choudhary, J
Instant civil miscellaneous petition has been filed for setting aside the order dated 09.03.2022 passed in Execution Case No.29 of 2014 arising out of Title (Arbitration) Suit No.11 of 1990 by the Court of Civil Judge, Sr. Division II, Dhanbad whereby the petition for an order to 28.3% of the decretal amount, in favour of the petitioner has been rejected.
The petitioner claims to be the partner of M/s. Annapurna Construction in whose favour an arbitral award was made on 12.07.1994 which was made Rule of Court by the judgment and decree dated 03.06.1995 in Title (Arbitration) Suit No.11 of 1990. This petitioner was neither the party in the Arbitration proceeding nor was a party in the Title (Arbitration) Suit, but filed the petition before Executing Court for being impleaded as a party order share in the decretal amount.
The petition has been rejected inter alia on the ground that the Executing Court, cannot be go behind the decree. Since no decree has been awarded in favour of this petitioner, therefore, Executing Court rejected the petition for the share in the decretal amount.
The impugned order has been assailed on the ground that the petitioner was partner of M/s. Annapurna Construction and he was not aware about the arbitral proceeding and when he came to know about execution case, the petition was filed which has been rejected.
It is submitted by the learned counsel on behalf of opposite party No.1 that this petitioner was not a party in the arbitration proceeding and he had filed the petition under Order I Rule 10 of the C.P.C. for being impleaded in the Suit, which was rejected on 02.06.1995 and the order of rejection has attained finality. On 04.10.1990, the partnership firm was dissolved and it was re-constituted and he had retired from that firm after receiving his share.
If he has any claim against the other member of partnership firm, he can file separate suit.
After having considered the rival submissions, I do not find any infirmity in the impugned order.
However, the cost of Rs.2000/- imposed on the petitioner is set aside.
This civil miscellaneous petition, is accordingly dismissed.