spb/- 1 wp2148-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 2148 OF 2011 Bharat Sanchar Nigam Ltd., ... Petitioners. V/s. M/s. Shree Maysai Enterprises ... Respondent. ----- Ms. Neeta V. Masurkar for the Petitioners. Mr. Sugandh Deshmukh for the Respondent. ----- CORAM : D. G. KARNIK, J. DATE : 25th JULY, 2011. P.C. : 1 Rule, returnable forthwith. Mr. Deshmukh, Advocate, waives service of Rule on behalf of the respondent. By consent, taken up for hearing forthwith. 2 The dispute between the petitioner and the respondent was referred to the arbitration. An Award was passed by the Arbitrator on 12th September, 2006, directing the petitioner to ensure the settlement of all pending bills for the works carried out by the respondent. Since the bills were not paid, the respondent filed execution proceedings, claiming not only the amount of the bills but also the interest thereon and other charges. By an order dated 01st December,2010, the District spb/- 2 wp2148-11.sxw Judge -17, Pune, before whom execution petitions were filed, directed the petitioner to deposit a sum of Rs. 23,44,482/- which was inclusive of interest and other claims. That order is impugned in this petition. 3 The operative part of the Award reads thus : “The Defendant shall ensure the settlement of all pending bills for the works carried out by Complainant under DE (HDP) for Distribution Cable construction and for removing, shifting of U/G cable for the road widening of National Highway within 3 months from the date of award of this judgement”. The claim before the Arbitrator was for Rs. 12,52,269/- being pending amount of the pending bills and interest thereon together with other charges for a total amount of Rs. 23,44,482/-. The learned Arbitrator did not grant claim of interest or other charges but passed an award only for the amount due for the bills. The amount due for the bill was only Rs.12,52,269/- In this view of the matter, in my view, the executing court erred in directing the petitioner to deposit Rs. 23,44, 482/- which includes not only the claim of the bills but also interest and other claims not granted in the award. spb/- 3 wp2148-11.sxw 3 For these reasons, the impugned order is set aside and substituted by directing the respondent to deposit a sum of Rs. 12,52,269/- . The learned counsel for the petitioner states that the amount has already been deposited. If so, the petitioner need not deposit any further amount. 4 Petition is disposed of. [D.G. KARNIK, J.]