P M PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an application for making the award dated 17th Feb. 1986 passed by Mr. V. Khalid,- a former Judge of this Court, in a dispute referred to him by this Court's order dated 6th Oct. 1987, final and to give consequential directions thereupon.

(2.) ON 7/04/1979 there was a contract for construction of the building in question. The contract consisted of two phases. The date of commencement of both the phases was 10/03/1979; the date of completion of phase-I was 9/06/1980 and for phase II 9th Nov. 1980. The dispute arose about the handing over of the site. According to the appellant, the site was not handed over to him as agreed upon and therefore, the work could not either be commenced or completed as stipulated. He, therefore, accused the respondent of obstructionist tactics also. According to the respondent, however, the claims put forward by the appellant were imaginary excuses to gain time and that he put forward various demands for extension of time and for payment of compensation to which he was not entitled.

(3.) THE respondent asserted that the appellant had abandoned the work and committed breach of contract. THEreafter, the appellant vide a notice dated 4th Oct. 1982 called upon the Engineer-in-Chief to appoint an Engineer Officer as the sole arbitrator. After further correspondence, the Engineer-in-Chief by his letter dated 9-6-1983 appointed one Mr. K.C.S. Rao, Chief Engineer, Poona Zone, as the arbitrator in respect of the disputes. Mr. Rao, it is asserted, entered into reference. THE appellant asserted that Mr. Rao was incompetent to function as arbitrator for it was he who had terminated the contract when he was officiating as the Chief Engineer of South West Zone.