UNION OF INDIA Vs. H K DHRUVA

JUDGEMENT

(1.) .Union of India, the appellant-original applicant has filed this appeal under Sec. 39 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') against the judgment and decree dated 18-7-1989 passed by the learned Judge, Court No. 6, City Civil Court, Ahmedabad, in Miscellaneous Civil Application No. 494 of 1985 (for setting aside the award) as well as Miscellaneous Civil Application No. 359 of 1985 (for making Award a rule of the Court) wherein the learned Judge was pleased to partly modify the award of the arbitrator as regards interest and pleased to dismiss the application of Union of India for setting aside the award under Section 30 read with Section 33 of the Arbitration Act, 1940.

(2.) The facts giving rise to these appeals are as under

(3.) Union of India through Executive Engineer (Construction), Western Railway, Rajkot, invited tender No. XEN(C)/RJT/245 in 1979 for providing Island platform and extension of existing platform in Rajkot yard in connection with Viramgam-Okha-Porbandar Conversion Project. Shri H. K. Dhruva, respondent herein and original claimant filled up the tender and his tender was accepted. Thereafter, Contract Agreement No. RJT/W/CA/150 dated 15-6-1979 was executed between the parties Union of India and Mr. Dhruva. It was for a sum of Rs. 3,94,117.20 (Rupees three lakhs ninety four thousand one hundred seventeen and twenty paise only).