SOUTH EASTERN COAL ZONE Vs. M.S. NAINAN

JUDGEMENT

(1.) Heard.

(2.) Learned Counsel for the petitioners submits that the contract was entered between the parties on 16/3/1990 and the value of the work of completion of water supply scheme of Hasdeo area was Rs.4,29,875.00, agreement for the contract was signed on 16/3/1990. According to the terms and conditions stipulated in the contract, the contractor was required to complete the work within a period of four months. Dispute arose between the parties regarding final amount, the contractor submitted the application under Clause 9 of the general terms and condition of the agreement for it's reference to the arbitrator to resolve the dispute for compensation amount of Rs.7,19,318.00. The contractor moved an application under Sec. 11 of the Act, 1996 before the Learned District Judge for appointment of Arbitrator and accordingly, Shri C.P. Singh was appointed as a sole arbitrator on 24/7/2003. The sole arbitrator vide its award dtd. 3/4/2005 based upon the documentary evidence laid by the parties, passed the award as under:-

(3.) The aforesaid award was questioned by S.E.C.L before the Learned District Judge under Sec. 34 and same was dismissed, against the said order appeal was preferred before this Court by filing M.A. No. 887/2006 and same was also dismissed vide order dtd. 7/9/2021 vide (Annexure-P/3). Thereafter the respondents herein moved an application before the Court of First Additional District Judge, Bilaspur, C.G. under Sec. 36 of Arbitration Act 1995 read with Order 21 Rule 10 of the Civil Procedure for enforcement of award dtd. 3/4/2005.