BAISAKHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The matter is listed today in the category 'to be mentioned'. It is borne out from the record that on 22/11/2021, the judgment was reserved in the matter but due to some reasons, the same has not been mentioned in the order sheet. Be that as it may, I have heard learned counsel for the parties afresh and dispose of the appeal by passing the following order:

(2.) The appellants take exception to the judgment passed by the learned District Judge, Pauri Garhwal in Misc. Civil Case No.98 of 2006 thereby modifying the award passed by the Arbitral Tribunal.

(3.) The facts of the case are not disputed at this stage. The appellant was issued a work contract by the Public Works Department, Pauri Garhwal and there was an arbitration clause in the agreement. Because of certain difference of opinion regarding the execution of the work, arbitration proceedings were initiated and finally an award was passed on 9/3/2006 awarding a sum of Rs.15,67,000.00 with cost of litigation Rs.14,000.00 in favour of the claimant / appellant and to pay interest @ 18% per annum, if the award is not satisfied within the time. The State preferred an application before the learned District Judge, Pauri Garhwal under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'). The appellants, being the respondents therein, were noticed and they were also heard. However, while deciding the application under Sec. 34 of the Act, the learned District Judge modified the award passed by the Arbitral Tribunal and reduced the awarded amount to Rs.1,38,765.00 only.