1. This Appeal is preferred against the impugned order dated 29th September 2005, passed by the learned single Judge of this court deciding three matters, i.e. (i) CS(OS) No.35/94 - M/s. Victor Cable Industries Ltd vs. Delhi Electricity Supply Undertaking; (ii) CS(OS) No.1055/94 - M/s. Victor Cable Industries Ltd vs. Delhi Electric Supply Undertaking and (iii) Execution Petition No. 200/2000 - M/s. Victor Cable Industries Ltd vs. Delhi Vidyut Board whereby the objections filed by the Appellant to the Award dated 29th September, 1993 were dismissed and the Award was made rule of the court.

2. There was an agreement entered into between the Appellant and the respondent which contained an arbitration clause . The disputes arisen between the parties were referred to the sole arbitrator, Sh. O.P.Anand, Chief Engineer(d) of the respondent to determine/adjudicate upon the claims.

3. The following disputes were referred to the learned Arbitrator for adjudication and settlement:- i) Involving the recovery of Rs.40,07,225.00 from M/s. victor Cables Ltd, 6,Commercial Centre, Panchshilla Park, New Delhi-17 by DESU on account of the differences in risk purchase for P.O.No. ST(SP-I)TE-1873/154 dated 30.1.1990 and Addl. P.O.No. ST(SP-I)/TE 1873/1686 dated 19.02.1990. ii) Cancellation of registration of the party M/s. Victor Cables Ltd with DESU.

4. On the pleadings and documents filed by the parties, following issues were framed:

“(i) Whether there is a contract ? OPD

(ii) Whether the claimant/respondent herein is entitled to the claim preferred by him in the statement, if so what amount? OPC

(iii) Whether the claimant is entitled to interest ? OPC

(iv) Whether the claimant is entitled to the cost or any consequential relief ? OPC

(v) Relief.”

5. The parties gave consent for enlargement of time upto 30th September,1993 and the Arbitrator vide his Award dated 29th September, 1993 made and published his Award in the following terms: “1. Pay an amount of Rs.40,07,225/- (Rupees forty lakhs seven thousand two hundred twenty five only), being the difference in risk purchase for purchase order No.ST (SP-I)/TE-1873/1594 dated 30-01-90 and additional purchase order No.ST(SP-I)/TE-1873/1686 dated 19-2-90, which amount the claimant has lost in procuring the ordered quantities, to the claimant DESU. 2. Pay the aforesaid amount to the claimant DESU within a period of three months from the date of this award, whereafter interest @ 18% per annum will be payable till the final payments are made.”

6. After the Arbitrator filed his Award in this court on 7th January, 1994, notices were issued to the parties on 8th March, 1994 regarding the filing of the Award and objections. The appellant filed an objection to the Award dated 29th September, 1993 bearing CS(OS) No.35/94.

7. The Appellant had filed a petition under Section 20 of the Arbitration Act, 1940 i.e. CS(OS) No.1055/94 praying therein that the disputes arising from another purchase Order No. ST/SP-I/TE-1991/1329 dated 11th March, 1992 be referred to arbitration. The disputes were referred to arbitrator and finally in that case also, the Award was passed in favour of the Appellant, M/s. Victor Cables Industries Ltd on 6th February, 1990. Objections to the said Award were dismissed and the Award was made rule of the court by order dated 26th October, 1992.

8. In order to execute the said decree of the court, the Appellant, M/s. Victor Cables Ltd had filed Execution Petition NO.200/2000. The DVB, successor of DESU had filed an appeal which was registered as FAO(OS) No.534/01 and the same was disposed of by the Division Bench while directing that the warrants of attachment shall not take effect till the respondent’s objections in CS(OS) No.35/94 are decided and one month thereafter.

9. In view of the Division Bench order dated 2nd December, 2003 the parties were directed to settle the amounts. 10. The payments due from each other were as follows:-

i) The Award in