1. The aforesaid execution appeal, namely, EFA(OS) 9/2007 has been preferred by the appellant DDA to impugn the judgment dated 20th March, 2007 passed by the learned Single Judge in Execution Application No. 81/2006 in Execution Petition No. 168/2005, whereby the said application preferred by the appellant herein, who was the judgment debtor in the execution petition, has been dismissed. EA No.81/2006 had been preferred by the appellant to seek a direction that the amount of Rs.19,95,291/- be refunded to the appellant/judgment debtor.

2. So far as FAO(OS) 93/2002 is concerned, the same was disposed of by this Court on 20th April, 2004. However, the respondent/decree holder thereafter moved CM No. 5462/2007 to permit the withdrawal of the amount of Rs.12,88,770/- lying deposited in this Court. On this application, the Court on 23rd April, 2008 passed an order that the same would be considered at the time of disposal of EFA(OS) 9/2007.

3. We may give a brief factual background giving rise to the execution appeal. In relation to a construction contract between the parties, some disputes arose. They were referred to arbitration. The Arbitrator rendered an Award