MAHESH BANSAL Vs. EXECUTIVE ENGINEER FCD 1

JUDGEMENT

(1.) SHRI Mahesh Bansal entered into an agreement with the Executive Engineer (FCD.1) regarding the work of "construction of pucca drain in between R.D.1200 to R.M.18(X) of Nasirpur Link Drain", An agreement was entered into between the parlies. The said agreement contained an arbitration clause No.25. Dispules arose between the partics. The petitioner asked for the appointment of an Arbitrator pursuance to Clause 25 of the agreement. When the respondent failed to do so, he moved a petition in this Court under Section 20 of the Arbitration Act. This Court vide order dated 20th Septcmber,1990 directed the respondent to appoint an arbitrator to adjudicate the disputes arisen between the parlies. Pursuance to the said order, Chief Engineer (I & P), Delhi Administration appointed SHRI S.S.K.Bhagat, Chief Engineer (Civil), N.D.M C. as the- sole arbitrator.

(2.) THE said arbitrator has made and published his award dated 12th March,1991. THE said award was Filed in the Court by the arbitrator on 17th May,1991. Notice of the Filing of the award was issued. Mr.S.K.Mittal, Advocate appearing for the petitioner accepted the notice on 17th May,1991 whereas the respondent was served with the notice of the Filing of the award. After the service of the notice, the respondent Filed the present objections to the award vide IA.No.9796/91.

(3.) FOR the reasons stated above, award: made and published by the arbitrator dated 12th March,1991 subject to the modification against Claim No.4 is hereby made rule of the Court. The claimant shall be entitled to Rs.45,063.00 and interest as awarded by the arbitrator plus the cost of the arbitration of Rs.1,650.00. If the decrtal amount is paid within one month then petitioner will not be entitled to any further interest, otherwise the petitioner will also he entitled to simple interest at the rate of 12% from the date of decree till realisation.