BAJWA AND COMPANY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) This writ appeal has been filed against the impugned order dated 05.08.2008 passed by the learned Single Judge in WP (C) No. 3700/2008 dismissing the writ petition challenging the validity of the order of the learned District Judge, Sarguja (Ambikapur) dated 05.05.2007 passed in Execution Proceedings No. 1/2007 whereby the application of the writ Appellant for execution of the award dated 22.08.2006 was rejected with a finding that the executing court has no jurisdiction to execute the arbitration award.

(3.) Brief facts of the case are that the writ Appellant was given a contract regarding the work of construction of Masonry Dam Overflow Block Nos. 7, 8 and 9 and Non-Overflow Block Nos. 10 and 11 with right key wall including R.C.C. piers, gallery, bucket and bridges, etc. of the project, namely, Shyam (Ghunghutta) Project, Ambikapur under an Agreement No. 24/DL/82-83 entered between the parties. The period fixed for completion of the contract was 18 months excluding rainy season, however, the writ Appellant could not complete the contract work within the extended period also and, therefore, the Executive Engineer vide memo dated 15.12.1992 terminated the contract awarded to the writ Appellant against which the writ Appellant had preferred an appeal before the Superintending Engineer under Clause 51 of the agreement and the Superintending Engineer after hearing the parties disallowed the termination order vide order dated 28.10.1993.