M/S. Budhiani Engineers Pvt. Ltd. Vs. the Union of India - Court Judgment

Excerpt:
this criminal petition is filed under section 482 of code of criminal procedure by the advocate for the petitioner praying to quash the proceedings in fir no.21/2010 on the file of the first class judicial magistrate, mangalore.the court : it is submitted on behalf of the union of india that the entire amount covered by the decree has been deposited with the registrar, original side pursuant to the liberty granted to such effect by the orders dated september 17, 2010 and october 1, 2010. in such view of the matter, the order of june 10, 2010 passed on ga no. 633 of 2005 is recalled and ga no. 633 of 2005 is restored to the file. the judgment made in terms of the award on june 10, 2010 is also recalled. ac no. 13 of 2004 and ga no. 633 of 2005 as they now stand revived shall have to be heard. it is clarified that though the order dated september 17, 2010 recorded that the application for setting aside the award would be taken up immediately upon the order dated june 10, 2010 being recalled, the setting aside application cannot be taken up by this court for want of determination. ga no. 2556 of 2010 is disposed of without any order as to costs. urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

Judgment:
The Court : It is submitted on behalf of the Union of India that the entire amount covered by the decree has been deposited with the Registrar, Original Side pursuant to the liberty granted to such effect by the orders dated September 17, 2010 and October 1, 2010.

In such view of the matter, the order of June 10, 2010 passed on GA No. 633 of 2005 is recalled and GA No. 633 of 2005 is restored to the file. The judgment made in terms of the award on June 10, 2010 is also recalled. AC No. 13 of 2004 and GA No. 633 of 2005 as they now stand revived shall have to be heard.

It is clarified that though the order dated September 17, 2010 recorded that the application for setting aside the award would be taken up immediately upon the order dated June 10, 2010 being recalled, the setting aside application cannot be taken up by this Court for want of determination. GA No. 2556 of 2010 is disposed of without any order as to costs.

Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.