STATE OF GUJARAT Vs. KANJIBHAI M MISTRY

JUDGEMENT

(1.) BOTH these appeals arise out of the common judgment and decree passed by the learned 4th Jt. Civil Judge (S.D.), Vadodara in Civil Misc. Application Nos. 262/1987 & 264/1987 dated 31.08.1988, whereby, the appellants have been held liable to pay an amount of Rs.98,377/- along with interest @ 15% p.a. from the date of award till the date of decree and also an amount of Rs.3,950/- towards arbitration costs. The appellants were also held liable to pay interest @ 15% p.a. from the date of decree till the realization of the entire decretal amount.

(2.) THE facts in brief are that the appellant-State had issued a Tender in connection with the construction of a part of a Canal within a stipulated period. Pursuant thereto, the said work was handed over to K.M. Mistry, respondent no.1 herein, vide tender agreement no.LCB-3 of 1983-1984. Respondent no.1 handed over the said work to one B.A. Prajapati, who was authorized to carry out the work. However, as per the say of the appellants, the work was not completed within the stipulated period. THErefore, dispute arose between the parties and ultimately, it was referred to the Arbitrator, respondent no.2 herein, for adjudication. THEreafter, respondent no.2 passed the decree dated 07.11.1984 in favour of the respondents.

(3.) IT appears from the record that the Arbitrator was appointed as per the provisions of Clause nos.51 & 52 of the tender agreement. The appellants have not been able to prove that the said Arbitrator had committed any misconduct while dealing with the issue on hand. In fact, it transpires that no allegations were raised by the appellants at the relevant point of time against the Arbitrator. Considering the records of the case, I find that the Arbitrator was neutral and has passed the award on the merits of the case.