M.K. SAHA Vs. RASHTRIYA PARIYOJANA NIRMAN NIGAM

JUDGEMENT

(1.) HEARD .

(2.) THE instant appeal is directed against the judgment and decree dated 31 -10 -2008 passed in Civil Suit No. 50 -A/2004 by the District Judge, Korba, whereby the District Judge has set aside the award dated 29 -07 -1994 passed by the Sole Arbitrator and remitted the matter back for rehearing with a direction to decide the claims and the counter -claims by assigning reasons.

(3.) DURING carrying out of the works under the contract, a dispute arose between the parties regarding work and payment. Therefore, as per the demand made by the appellant for making a reference of the dispute to arbitration, the Chairman -cum -Managing Director of the respondent/Corporation appointed Mr. S.N. Sethi, a Retired Member of the Central Water Commission as Sole Arbitrator for settlement of the dispute in terms of the contract. Mr. S.N. Sethi accepted the appointment and entered into the arbitration and made an award on 29 -07 -1994.