BHULLAR CONSTRUCTIONS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking Section 19 of the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter called as Act of 1983 ), the applicant herein/contractor has called into question the legality, validity and correctness of the order dated 31.3.2013 passed by the learned Chhattisgarh Madhyatham Arbitration Tribunal, Raipur (hereinafter called as Arbitration Tribunal), by which the applicant's Reference Case No.12/2008 has been rejected by learned Arbitration Tribunal on the ground that the applicant did not raise quantified claim before the Superintending Engineer within 30 days from the date of termination of its works contract as required under clause 29 (Arbitration clause) of the Contract Agreement.

(2.) The works contract granted to the applicant pertaining to Bhatapara-Lawan-Mahanadi Road vide Work Agreement No.39 DL/05-06 was terminated on 1.3.2008. According to the applicant, the said termination order was served to the petitioner on 18.3.2008 and against which, the applicant made quantified claim before the Superintending Engineer on 14.4.2008 stating inter-alia that such an order was served to him on 18.3.2008 as per paragraph 12 of the quantified claim. The said quantified claim was not considered by the Superintending Engineer within 60 days, by which the applicant preferred an appeal before the Chief Engineer on 12.6.2008. The Chief Engineer declined to entertain the applicant's claim on the ground that claim was not made before the Superintending Engineer within 30 days from the date of termination of works contract. Thereafter, the applicant filed reference petition before the learned Arbitration Tribunal on 5.12.2008, which was admitted for hearing on 23.7.2009 and ultimately, by order dated 13.3.2003 it has been rejected on the ground that quantified claim was not made before the Superintending Engineer within 30 days from the date of termination of works contract and against that order, this revision petition has been filed.

(3.) Mr.Rajkamal Singh, learned counsel appearing for the applicant, would submit as under:-