Civil Revision No. 4089 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 4089 of 2010 Date of Decision: 5.7.2010 Union of India and Others …Petitioners Versus M/s Harbans Raj and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Ashwini Kumar Bansal, Advocate Senior Counsel, Central Government, for the petitioners. Kanwaljit Singh Ahluwalia, J. Present revision petition is directed against the order (Annexure P-17) dated 19th February, 2010 passed by the District Judge, Ferozepur, who had dismissed the application filed by the petitioners for executing award dated 20th January, 2004 (Annexure P- 13), by observing as under: “6. Admittedly, the award against firm M/s Harbans Raj was published on 20th January, 2004. It is also not disputed that Harbans Raj who was the sole proprietor of the said firm died more than 11 years prior to the passing of the said award i.e. on 19.12.1993. It is thus clear that the award was passed against a dead person, is settled principle of law that an award is equivalent to a decree and that decree or award against a dead person is a nullity. As such, this Court is of the Civil Revision No. 4089 of 2010 2 confirmed view that execution of the award which is nullity cannot proceed further. There is no force in the contention of the learned counsel for Union of India that Pardeep Kumar being the legal heir has represented the firm after the death of the sole proprietor in the arbitration case as well as in the Court cases. A perusal of the award, copy of which is on the file, shows that Pardeep Kumar never represented the firm in the arbitral proceedings. Para No.7 of the award shows that notice issued to the Firm was returned undelivered by the postal authorities with remarks “addressee not staying at this address/house locked”. Thereafter, publication was issued in The Tribune as well as Times of India, as is evident from para No.10 of the award. Further, para No.12 shows that the firm/contractor as his representative failed to attend the hearing and the arbitrator proceeded with hearing of case, exparte Para No.20 of the award also finds mention that no pleading or submission was made by the contractor as he failed, to respond despite notices through registered post and press advertisement. In view of the facts as mentioned above, it is established on record that the award dated 20th January, 2004 was passed against a dead person and as such the same cannot be executed by this Court. Object petition filed by Pardeep Kumar son of Harbans Raj deceased stands, accepted and consequently, the execution application filed by Union of India is hereby dismissed. File be consigned.” In the present revision petition, it has been pleaded that Harbans Raj, to whom originally the contract was awarded, had died on 19th December, 1993 and on a request made, his son Pardeep Kumar Civil Revision No. 4089 of 2010 3 was allowed to complete the contract and for the work done after the death of Harbans Raj, he had received various payments. Learned counsel for the petitioners has urged that there are various documents to show that son of deceased Harbans Raj and others have stepped into his shoes, so far as contract between the parties is concerned. However, learned counsel has failed to show any document from which it can be inferred that son of deceased Harbans Raj was brought on the record as a legal heir before the Arbitrator and the award was passed after affording him an opportunity of hearing. It has been rightly held by the Executing Court that the award was passed against the dead person and the same cannot be executed. This Court is unable to comprehend as to why the petitioner, who was dealing with the son of deceased Harbans Raj, has not been brought him on record of the case. However, there is no sufficient ground to absolve the petitioners of their lapse of not impleading the legal representatives of Harbans Raj before the Arbitrator. Hence, no interference is warranted in the present revision petition and the same is hereby dismissed. (Kanwaljit Singh Ahluwalia) Judge July 5, 2010 DK/rps