STATE OF U.P. Vs. PREMIER CONSTRUCTION COMPANY

JUDGEMENT

(1.) This appeal, under Section 39 of the Arbitration Act, 1940, is directed against the judgment and order dated 2.11.2010, passed by Civil Judge (Senior Division) Dehradun, in Misc. Case No. 20 of 2009, State of U.P. through Executive Engineer Yamuna Link Channel Construction Division Saharanpur Vs. M/s Premier Construction Company, whereby the objections filed by the appellant U/S 30/33 of the Arbitration Act, 1940 (in short 'the Act'), were dismissed and the award dated 19-6-2009, was made rule of the court.

(2.) The relief sought in the appeal is that the objections of the appellant filed U/S 30/33 of the Act before the court below be allowed and the judgment and order passed by Civil Judge (S.D.), Dehradun as well as the award dated 19-6-2009 be set aside.

(3.) The facts of the case giving rise to this appeal, in short, are that a contract agreement No. 09/S.E./84-85, dated 5.1.1985, for excavation earth work in Khara Power Channel from K.M. 10.86 to 11.50 between the appellants and the respondent M/s Premier Construction Company was executed on 15.1.1985. In the above work the contractor raised certain disputes which were referred to sole Arbitrator Sri V.K. Mittal, Superintending Engineer.