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Judgment
The judgment-debtors are not represented. The award-holder has claimed amount in this execution application which were erroneous on the face of record. The arbitrator has passed an award on 29th March, 2017 for a sum of Rs.18,07,823/- as on 7th July, 2016 together with further interest at the rate of 18% per annum from 8th July, 2016 till payment and/or relization. On 4th December, 2018 when this matter was taken up for consideration, first supplementary affidavit dated 30th November, 2018 was filed in which, for the first time, the award-debtor has disclosed that till the date of affirmation of the said affidavit a sum of Rs.11,93,222/- has been received from the award-debtor. The award-holder was directed to file an affidavit showing the details of payments received both prior, during and after the award has been passed. Pursuant to the said direction, the second supplementary affidavit has been filed showing that a sum of Rs.19,95,152/- has been received from the award-debtor. Before the learned Arbitrator, the award-holder has complained that the respondent had availed loan of Rs.19,48,000/-and after making payment of few instalments, the respondent failed and neglected to pay the remaining balance amount. In the arbitration proceedings, the award-holder has prayed for recovery of Rs.18,07,823/- as on 7th July, 2016 with further interest. The second supplementary affidavit shows that as on the date of the award more than Rs.5 lakhs was paid towards the loan amount and payments were received was never brought to the notice of the learned arbitrator. On 2nd February, 2018 in the tabular statement no adjustment was shown for the payments received after 7th July, 2016 till 31st January, 2018.
This Court is unable to accept that it was a mistake on the part of the award-holder in not stating the correct facts. The necessity to file the said affidavit arose since the learned Counsel representing the judgment-debtors on instruction had submitted that no amount is due or payable by the award-debtor to the award-holder. Even now the amounts claimed on the basis of the adjustment shown are erroneous. The award-holder shall file an affidavit stating the amount presently due and payable under the award after giving adjustment of all the amounts received till 19th December, 2018.
The matter stands adjourned for two weeks. Let an appropriate notice be served upon Ms. Sujata Chowdhury, learned Advocate representing the award-debtor in this proceedings indicating that this matter shall appear after two weeks.
On an undertaking that Mr. Anaranya Dasgupta shall be present as and when directed, further presence of Mr. Dasgupta is dispensed with.