STATE OF U P Vs. NARESH CONSTRUCTION COMPANY

JUDGEMENT

(1.) THIS is an appeal under section 39 of the Arbitration Act, 1940.

(2.) BY an agreement entered into between the parties the respondent was awarded the work of excavation of Khara Power Channel (Shakti Nahar) from 5.2 to 6.2 kilometers. The agreement was executed on 15.11.197 and work was to start from 16.12.1979 and was to be completed by 14.6.1981. The work however could not start as was agreed upon and after three extensions it was finally completed on 23.5.1985. During the execution of the work disputes arose between the parties and the respondent raised claims for higher payments to the tune of Rs. 57,40,204/ -. The claims submitted vide letter dated 22.2.1983 were rejected by the department on 23 -6 -1983 whereupon the respondent filed a petition no. 112 of 1984 under section 20 of the Arbitration Act, 1940 and the learned Civil Court by its order dated 23.5.1985 referred the matter to the Arbitrator.

(3.) THE claims submitted by the respondent before the Arbitrator for the aforesaid amount were as under: -