S HARCHARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) - This appeal by special leave has been filed against the judgment dated 27/03/1973 of the High Court of Delhi in F.A.0. (O.S.) No. 35 of 1968.

(2.) THE appellant, S. Harcharan Singh, was awarded a contract for constructing approaches to the Bridge Structure B-2 on the North Sikkim Road in 1959-60. Under the agreement the appellant was required to do hard rock cutting to the extent of 7,54,530 cft. THE rate fixed for the said work in the contract was Rs. 129 per thousand cft. plus 2 per cent. THE appellant was required to perform hard rock cutting to the extent of 18,18,704 eft. THE appellant claimed payment at the rate of Rs. 200.00 per thousand eft. for the additional work of hard rock cutting. He also claimed certain other sums under other heads. THE dispute in respect of four heads was referred to arbitration in accordance with Cl. 25 of the agreement. THE arbitrator gave his award dated 5/02/1965 wherein he disallowed the claim of the appellant in respect of two items but made an award in favour of the appellant in respect of two items of claim. In this appeal we are only concerned with the claim of the appellant in respect of the additional work of hard rock. cutting which the appellant was required to execute. THE arbitrator awarded a sum of Rs. 52,800/ against the said item. THE award was filed in the High Court by the arbitrator along with his letter dated 6/06/1968. Objections were filed by the respondent under Ss. 30 and 33 of the ARBITRATION AND CONCILIATION ACT, 1940 (hereinafter referred to as 'the Act'). THE said objections were considered by the learned single Judge of the Delhi High Court and by order dated 23/04/1969, the said objections of the respondent were rejected and it was ordered that the award be made a rule of the Court. THE respondent filed an appeal against the said order and decree passed by the learned single Judge. THE appeal was partly allowed by the Division Bench of the High Court by judgment dated 27/03/1973, whereby the award as regards the claim for higher remuneration at the rate of Rs. 200/ -per thousand eft. for the additional work of hard rock cutting was set aside. THE award in respect of other claim relating to expenditure incurred by the appellant in reconstructing the retaining walls after damage was maintained. Aggrieved by the said decision of the Division Bench of the High Court the appellant has filed this appeal after obtaining special leave.

(3.) THE arbitrator in his award has considered this item of claim as under: <FRM>647.htm</FRM>