STATE OF KERALA Vs. P.P.THOMAS

JUDGEMENT

(1.) This appeal is directed against the judgment in O.P.(A) No.132 of 1994 on the files of the Court of the Principal Subordinate Judge, Thiruvananthapuram. The appellants are the respondents in the proceedings.

(2.) The dispute relates to a canal formation work namely 'KI and TCDP - Left Bank Canal System - Formation of Main Canal from Ch.54,000 m to 55,000 m including cut and cover Part I from Ch.54,000 m to Ch.54,540 m and Ch.54814 m to Ch.55000m including cut and cover' executed by the respondent as contractor for the appellants. The agreement executed between the parties in this regard on 31/3/1987 provides for resolution of disputes in connection with the execution of the work by recourse to arbitration. In the course of execution of the work, disputes arose between the parties, and in the light of the aforesaid provision in the agreement, the same have been referred to the Arbitral Tribunal for adjudication.

(3.) Before the Arbitral Tribunal, the respondent raised several claims namely, Claims (a) to (m) and the appellants raised a counter claim. The Arbitral Tribunal passed an award in favour of the respondent directing the appellants to pay a sum of Rs.3,90,000.00 on Claim (a), a sum of Rs.1,43,750.00 on Claim (b), a sum of Rs.3,32,800.00 on Claim (c), a sum of Rs.3,32,200.00 on Claim (d), a sum of Rs.27,37,500.00on Claim (e), a sum of Rs.95,000.00 on Claim (f), a sum of Rs.71,10,000.00 on Claim (g), a sum of Rs.42,58,825.00 on Claim (h) and a sum of Rs.9,69,437.00 on Claim (m). Claims (o), and (p) and the counter claim of the appellants were considered collectively and an award was passed directing the appellants to pay a sum of Rs.1,50,031.00 on those claims also after adjusting the amounts found due to the appellants from the respondent in the counter claim. Claim (q) was one raised by the respondent for interest and the said claim was disposed of by the Arbitral Tribunal directing the appellants to pay to the respondent interest for the various amounts found due at the rate of 18% per annum from 31/3/1992, the date of completion of the work till the date of payment, or decree, whichever is earlier. The remaining claims have been rejected.