STATE OF GUJARAT Vs. NITIN CONSTRUCTIN CO.

JUDGEMENT

(1.) : - 1.This Appeal under Section 39 of the Arbitration Act, 1940, is at the instance of the original respondent in proceedings under Section 14 of the Arbitration Act and is directed against the judgment and order passed by the learned Civil Judge (Senior Division), Mirzapur, Ahmedabad, dated 12th arch 1992, and thereby making the award of the arbitrator, the rule of the Court. The arbitrator awarded a sum of Rs.30,01,017 -34 ps. (Rupees Thirty Lac One Thousand Seventeen and Thirty Four Paise only) in favour of the respondent herein - original claimant, after adjusting the amount awarded towards the counterclaim of the State Government i.e. the appellant herein,

(2.) The facts shortly staged may be summed up thus : -

(3.) The appellant floated a tender for the work of manufacturing and supplying prefab precast blocks of M -100 Class Mix CC of size 60x45x5 cms. for lining to canals of RBCD system of Karjan reservoir project. The tender was filled in by the respondent herein, who is engaged in the business of construction, and the tender of the respondent herein being the lowest, came to be accepted by the appellant under Agreement No.D/4 of 1981 -82 of the Executive Engineer, I.P.Dn. - No.5, Rajpipla.