RAFI MOHD Vs. UNION OF INDIA

JUDGEMENT

(1.) OBJECTIONS under Sections 30 and 33 of the Arbitration Act, 1940 have been filed on behalf of the respondent (Union of India) in respect of the award dated 09.07.1985.

(2.) THE main objection taken by the learned counsel for the respondent (Union of India) is that the learned Arbitrator has allowed the claim of the petitioner for higher expenditure incurred by the petitioner / claimant for procuring earth through private sources and transporting by animal transport prior to 24.02.1981 on the ground that the temporary land for borrow areas was not provided by the respondent prior to 24.02.1981. The learned counsel for the respondent submitted, with reference to clause 2A1 of the contract between the parties, that no claim whatsoever for not giving the full site on award of the work or for giving the site gradually in parts would be tenable. I am unable to agree with the submission made by the learned counsel for the respondents because the said clause 2A of the agreement has reference to the site for execution of the work and does not have any reference to making the temporary borrow areas available to the petitioner / claimant.

(3.) THE second contention raised by the learned counsel for the respondent was that the arbitrator has also awarded a sum for the extra expenditure incurred by the petitioner / claimant for doing work during the monsoon period. According to the learned counsel for the respondent, the petitioner did not carry out any work during the monsoon period and, therefore, no amount could have been awarded to the petitioner. The learned Arbitrator had observed that after 24.02.1981, the petitioner continued the execution of the work from the borrow areas made available by the respondent and completed the work on 01.10.1981 against the stipulated date of completion of 26.04.1981 as per the agreement. However, the learned Arbitrator noted that time extension had been granted to the contractor without levy of any compensation / penalty taking into consideration the non-provision of the temporary land for borrow areas by the department uptill 24.02.1981.