STATE OF ORISSA Vs. LALL BROTHERS

JUDGEMENT

(1.) THIS is an application for leave to appeal under Art. 136 of the Constitution from the decision and judgment of the High Court of Orissa, dated 8/04/1987. By the said judgment the High Court had allowed the appeal in part and modified the award so far as it related to the payment of interest on the awarded amount. Another appeal challenging the validity of the award was, however, dismissed.

(2.) IN or about 1975-76 the respondent was entrusted with the work of "Construction of balance work of earth dam of Koska Minor Irrigation Project" vide an agreement No. 207 F-2. The said work was due to be completed on 3rd Aug. 1977 but it was actually completed on 31/03/1978. The estimated value of the work was Rs. 25,06,229.00. It is stated that the contractor, respondent herein, had executed only 18 out of 22 items of work beside one extra item and he was paid a sum of Rs. 23,63,122.00 for the work done. According to the petitioner, no further amount was due to the contractor, the respondent.

(3.) ON or about 16/04/1980, the respondent-contractor raised certain claims and gave notice for appointment of an arbitrator according to the contract. ON 22/04/1980, the Chief Engineer appointed Shri N.K. Mishra as arbitrator. However, on the application of the respondent the Subordinate Judge removed Shri N.K. Mishra and instead appointed Shri P.C. De as the arbitrator. Before the arbitrator the respondent filed its claim along with some documents and the petitioner filed his counter statement. It is stated on behalf of the State that no further evidence was adduced by the respondent but the petitioner produced the measurement books. The petitioner contended that no amount was due. The respondent disputed that.