C C KONDAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) ALL these appeals are directed against a common order dated 12-12-2003 passed in A. C. Nos. 2, 3, 4 and 5 of 2003 by the Principal District Judge, Mysore,

(2.) FACTS in brief are as under: appellant-Kondaiah, Class I Contractor, was awarded work of providing water supply components to three villages in Mysore District under slice No. MYS 10 under the contract agreement No. 7/98-99, dated 13-7-1998. During the execution of the work and thereafter certain claims have arisen out of and in connection with the contract and were submitted by the appellant in a consolidated list of claims in letter dated 8-5-2002 to the respondent for settlement under provisions of Clause 24 of the general conditions of the contract. No reply was submitted by the respondent. Hence disputes were referred to an Arbitrator in terms of Condition 2. Claim statement was submitted to the Arbitrator for settlement with a copy to the respondent. Number of meetings were held. Respondent did not attend to any one of the meeting conducted by the arbitrator. In those circumstances, the Arbitrator completed his proceedings and passed an ex parts award dated 19-12-2002 in terms of the Act.

(3.) RESPONDENT filed arbitration cases before the Principal District Judge, Mysore under Section 34 of the Arbitration and Conciliation Act, 1996. An application was tiled seeking for condonation of delay in the matter. Objections were filed by the appellant. Thereafter the learned judge passed the impugned common order. This common order is challenged in these appeals,