MAHAVIR CONSTRUCTION COMPANY, Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Invoking revisional jurisdiction of this Court under Sec. 19 of the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983, this revision has been filed by the applicant / contractor questioning the part of award passed by the Arbitration Tribunal on 27/8/1992 whereby the part of the claim of the applicant has been rejected.

(2.) Above-stated challenge has been made in the following backdrop: -

(3.) The applicant made a reference under Sec. 7 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, for recovery of Rs.1,56,526.0050 ps. arising out of percentage rate contract agreement No.2/DL of 1986-87. In the said reference, the applicant claimed Rs.65,000.00 for recovery of final bill, Rs.36,000.00 on refund of security deposit, Rs.3,700.00 towards refund of earnest money and interest of Rs.51,826.0050 ps. It was further pleaded that agreement No.2/DL of 1986- 87 was executed in between the parties for balance work of Head Work and excavation of approach channel of Ghumaria Diversion Weir, based on Unified Schedule of Rates (UCSR) of Irrigation Department in force from 1/8/1984 inclusive of all corrections up to the date of tender. The probable amount of contract was Rs.3,09,000.00 and the stipulated period of contract was six months from the date of issue of work order excluding three months of rainy reason. The work order was issued on 2/5/1986. The applicant executed earth work of afflux bund to the tune of 16135.58 cu.m. and work of pitching stone 1118.43 cu.m. in quantity as extra items.