1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Chamber Summons No.202 of 2008 IN Execution Application No.21/2004 In ARB 261/2000 IN Award No.22 of 2000 M/s.Unique Integrated Transport & Management Consultancies Pvt.Ltd. .. Applicant/ Judgment Creditor v/s. Mahanagar Telephone Nigam Ltd. .. Respondent / Judgment Debtors Mr.M.P.Patkar, Sole Arb. .. Respondent / Sole Arbitrator. Dr.K.K. Khanna for Plaintiffs. Ms.S.I. Shah for Defendants. ----- WITH Chamber Summons No.1067 of 2005 IN Execution Application No.21/2004 In ARB 261/2000 IN Award No.22 of 2000 Mahanagar Telephone Nigam Ltd. .. Petitioners v/s 2 M/s.Unique Integrated Transport & Management Consultancies Pvt.Ltd. & anr. .. .. Applicants Ms.S.I. Shah for Petitioners. Dr.K.K. Khanna for Applicants. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 25 th July, 2008 P.C. : 1. An Award has been passed in favour of Respondent No.1 which has been upheld up to the Supreme Court. The amount that is payable to the Applicants under the Award is required to be calculated. The Taxing Master has calculated the amount. It appears that the Petitioners challenged the Award under Claim Nos.3 to 9. That challenge was dismissed by the Supreme Court. The Award under Claim Nos.3 to 9 is, therefore, payable. The Taxing Master in his order dated 12.12.2005 has considered Claim Nos.3 to 9 together and has ordered that it has to be adjusted. The basis of the calculation of the Taxing Master's order at pages 6 and 7 in the columnar statement is, therefore, incorrect. The entire calculation, therefore, becomes incorrect. The Taxing Master shall re-calculate the amount payable under the Award dated 22 nd February 2000 for each and every claim under the Award independently and separately. He 3 shall total the entire amount and calculate the interest payable as per the Award. This shall be done up to 10.8.2001 when Rs.10,00,000 /- came to be deposited by the Petitioners in this Court. On and from 10.8.2001, the Taxing Master shall calculate the amount together with interest less that amount and then calculate further interest thereon. 2. The Taxing Master's order shows an incorrect amount due and payable by the Petitioners. On the Petitioners paying such amount, the attachment initially levied could be raised in Chamber Summons No.1067 of 2005. The Applicants have, therefore, applied for setting aside the order passed in Chamber Summons No.1067 of 2005. Since it is seen that the very basis of the calculation is incorrect and consequently deposit of the amount is incorrect, the entire amount due and payable under the Award is not seen to have been deposited or paid. 3. In this set of circumstances, the Chamber Summons taken out by the Applicants/Claimants / J u dgment- creditors would have to be considered. 4. There has been a delay in applying for setting aside the order of the Taxing Master. In the interest of justice, that delay is required to be condoned. It is seen that an amount less 4 than the amount awarded with interest is deposited in this Court. Still a lesser amount is allowed to be withdrawn by the Claimants. 5. Based upon the order of the Taxing Master and upon deposit of the amount shown to be payable by the judgment- debtor as per the Taxing Master's order the attachment came to be raised. Since raising of that attachment is to be seen on the erroneous grounds, and since it is seen that a larger amount is payable under the Award to the Claimants, the Execution Application itself, the consequent warrants of attachment and the Notice of sale issued thereunder are also required to be restored. The other reliefs in the Chamber Summons need not be granted at present. Hence, the following order:- ORDER (i) Chamber Summons No.202 of 2008 is made absolute in terms of prayers (a) and (b). (ii) The delay, if any, in taking out the Chamber Summons is condoned. (iii) Execution Application No.21 of 2004 dated 5 28.1.2004, the settled decree dated 17.4.2001, the warrants of attachment dated 28.4.2004 and the Notice of sale of the properties of the judgment- debtors under the aforesaid decree dated 17.4.2001 in the aforesaid Execution Application are restored. (iv) The Taxing Master shall re-calculate the amount within 4 weeks from today payable by the judgment- debtors to the Claimants under the aforesaid decree/Award dated 17.4.2001. He shall calculate each of the claims independently and separately. (v) The attachment earlier levied shall remain in force until the entire amount payable under the Award calculated as directed is paid off to the Applicant/ J u dgment- creditor. [SMT.ROSHAN DALVI, J.]