KERALA STATE SPORTS COUNCIL Vs. ROHINI PRASAD

JUDGEMENT

(1.) These appeals arise out of the order passed by the Second Additional District Judge, Ernakulam in O.P (Arb) No.53 of 2011.

(2.) An agreement was executed between the Kerala State Sports Council (hereinafter referred to as 'the Council') and Mrs.Rohini Prasad (hereinafter referred to as 'the claimant'), an architect, regarding the construction of Jinachandra Memorial Stadium at Kalpetta. After execution of the agreement, the claimant prepared a plan of the proposed project and submitted it to the Council and claimed the initial fees. Then, the Council took the stand that the agreement was entered into with her not with the concurrence of the technical/finance committee of the Council and also that the Secretary of the Council had no authority to enter into the agreement. The Council wanted the claimant to execute a fresh agreement but she was not amenable to it. The Council terminated the agreement by sending a letter dated 28.05.2008. Then the claimant approached this Court and filed Arb.Request No.10/2009 and as per the order of this Court, the dispute was referred to arbitration.

(3.) No oral evidence was adduced by the parties before the Arbitrator. The documents produced by the claimants were marked as Exts.A1 to A14 and the documents produced by the Council were marked as Exts.R1(a) and R1(b). The Arbitrator found that the Council illegally terminated the agreement and that the claimant is entitled to realise an amount of Rs.5,00,000/- from the Council with interest @ 18% per annum from 28.05.2008 till the date of realisation.