THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION No. 1251 OF 2010 Dated 27-7-2010 Between: Union of India represented by Chief Engineer, Parade Ground, Sardar Patel Road, Secunderabad and others. ..Petitioners. And: Sukhdev Raj Sharma and brothers Contractors. …Respondent. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION No. 1251 OF 2010 ORDER: Aggrieved by the order dated 9-11-2009 passed by the learned 5th Senior Civil Judge, City Civil Court, Hyderabad in E.P.No.18 of 2007 in O.P.No.551 of 1988, this revision has been preferred by the petitioners-Judgment Debtors. The only contention of the learned counsel for the petitioners is that certain amounts have been allotted to them by the Arbitrator and though they pleaded for adjustment of the same, the lower Court did not consider the same. The main submission of the learned counsel for the respondent- Contractor is that after arbitrator passed the award, the Contractor filed O.P.No.551 of 88 to make the award as a rule of the Court and that the said O.P. was allowed and that the revision petitioner i.e., Union of India represented by Chief Engineer also filed O.P.No.96 of 1988 to set aside the entire award and the said O.P. was dismissed and no appeal has been preferred. Therefore, the order passed in O.P.No.551 of 1988 has become final. It is also submitted that the petitioners herein have not filed any O.P. to make the award rule of the Court. It is also submitted that even in the counter filed in E.P., the petitioners herein have not claimed to adjust the amount said to have been awarded by the Arbitrator in their favour. The only point that arises for consideration is that whether the petitioners can plead to adjust the amount awarded by Arbitrator? Admittedly the award is not set aside. It has become final. Merely because the petitioners did not seek to make the award Court of law, it cannot be said that amounts awarded in their favour cannot be adjusted. It is settled law that an award or part of the award which has not been made a rule of Court must be regarded as a judgment which binds the parties. It appears that rights available from an award are enforceable though not filed in Court. It appears that the total amount awarded by the Arbitrator in favour of the petitioner comes to only Rs.80,844-27ps. The total amount claimed by the contractor comes to Rs.9,57,424-50ps and the petitioners herein seem to have already paid Rs.6,80,723-00ps and the balance amount as per the respondent contractor comes to Rs.2,66,721/-. In view of the above circumstances, though it appears that inadvertently, the petitioners have not claimed Rs.80,000/- in their counter filed in the E.P, therefore, after adjusting Rs.80,000/-, the petitioners herein shall pay the balance amount of Rs.2,66,721/- minus Rs.80,844-27ps, i.e., remaining balance amount of Rs.1,86,000/- and odd, shall be paid by the petitioners to the contractor within a period of eight weeks from today. As far as the remaining amount is concerned, the impugned order is set aside. The learned 5th Senior Civil Judge, City Civil Court, Hyderabad is directed to consider the claim of the petitioner with regard to Rs.80,844-27ps and give an opportunity to both parties and hear the objections and pass appropriate orders with regard to the said amount. Further the learned 5th Senior Civil Judge, City Civil Court, Hyderabad, is directed to dispose of the matter within three months from the date of receipt of a copy of this order. Accordingly, this Civil Revision Petition is disposed of. No costs. ___________________ B. CHANDRA KUMAR, J. Date: 27-7-2010 Dvs THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CIVIL REVISION PETITION No. 1251 OF 2010 Dated 27-7-2010