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Attach PWD engineer’s office furniture: Himachal Pradesh High Court

Despite award passed by arbitrator, XEN fails to pay petitioner

Attach PWD engineer’s office furniture: Himachal Pradesh High Court


Legal Correspondent

Shimla, July 10

The Himachal Pradesh High Court has ordered the attachment of furniture of the Office of Executive Engineer, Karchham Division, HPPWD Bhabanagar, Kinnaur district, to satisfy the award passed by the arbitrator.

Justice Ajay Mohan Goel passed the order on an execution petition filed by Garg Sons Estate Promoters Limited, alleging that the arbitrator had passed an award on May 11, 2023, regarding some work contract and ordered the Executive Engineer, HPPWD, to pay the awarded amount with interest to the petitioner, but till date no amount was released in terms of the award.

The court had granted reasonable number of opportunities to the office of the Executive Engineer to honour the award.

On the previous date of hearing, the court had specifically ordered that the amount be deposited with interest well before the next date, otherwise appropriate orders would be passed. During the course of the hearing, Deputy Advocate General of the state stated that the matter was pending with the Finance Department and Planning Department for approval of funds and likely to take some time.

On account of this reason, the funds could not be deposited, the DAG said, while seeking more time to comply with the orders.

Rejecting the prayer, Justice Goel observed that, “This court is of the considered view that this attitude of the judgment debtor (Executive Engineer, HPPWD) of not satisfying the award in time cannot be given premium. This is more so for the reason that herein the judgment debtor happens to be the Himachal Pradesh Public Works Department. Non-compliance of the award entails payment of interest. This interest obviously is to be shelled out from the pocket of ordinary tax papers as the officers of the department concerned are not accountable personally for the delay in the implementation of the award.”

It further observed that, “Therefore, it is ordered that at the first instance, to satisfy the award passed by the arbitrator, the office furniture of the Office of Executive Engineer, Karchham Division, HPPWD Bhabanagar, District Kinnaur, is hereby attached by issuing warrant of attachment.”

#Kinnaur #Shimla


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