SUPERINTENDING ENGINEER Vs. M PARAMASIVAM

JUDGEMENT

(1.) These appeals are arising out of Original Petitions No.212, 213 of 1996, and 483 & 487 of 1997. O.Ps. No.212 and 213 of 1996 were filed by the arbitrator to pass a decree in terms of the award and O.Ps. 483 and 487 of 1997 were filed by the appellants herein to set aside the award.

(2.) . Appellants called for tender for construction of houses under SMT scheme Group-5 at Rajapalayam. The first respondent submitted his tender and he being the successful bidder, the work was entrusted to him and an agreement with regard to the execution of the work was entered into. After the completion of the work as the dispute arose with regard to incorrect information as to the lead, settlement of final bill, escalation of charges as well as refund of EMD and FSD along with other minor claims, the matter was referred to the arbitration with the consent of the parties.

(3.) . One Mr.C.Srinivasa Rao., Chief Engineer (Retired), Highways Department, was appointed as the arbitrator. After the enquiry of the claim of both the parties, the arbitrator passed an award regarding O.S.A No.189 of 1998 under the following heads:- HeadClaim by Contractor(RS)Awarded by Arbitrator(RS) 1. Payment of final bill3,54,000/-3,54,000/- 2. Claim for refund of the with-held amount (Rectification of work) 35,000/- 35,000/- 3. Incorrect Information as to the lead3,95,000/-3,69,625/- 4.Improper recording of measurement-- 5.Claim for Earth filling1,56,000/-- 6. Loss of profit2,54,740/-- 7. Legal Charges1,16,500/- 15,000/- 8. Reimbursement of watch and ward salary 32,400/-- 9. Escalation charges 51,05,080/-36,50,079/- 10.Refund of EMD & FSD 2,59,600/- 2,59,600/- 70,09,920/- 47,63,329/- Regarding O.S.A. No.190 of 1998 the award is as follows: HeadClaim by Contractor(RS)Awarded by Arbitrator(RS) 1. Payment of final bill2,33,262/-2,33,262/- 2. Claim for refund of the with-held amount (Rectification of work) 65,000/- Rejected 3. Unauthorised recovery 11,584/-Rejected 4. Incorrect Information as to the lead4,74,989/-4,49,650/- 5. Improper recording of measurement2,64,005/-Rejected 6. Claim for Earth fillingNo claimNo claim 7. Loss of profitNo claimNo claim 8. Legal Charges1,16,500/- 15,000/- 9. Reimbursement of watch and ward salary 48,000/-Rejected 10. Escalation charges 63,06,006/-46,08,000/- 11.Refund of EMD & FSD 4,25,000/- 4,25,000/- 79,44,346/- 56,30,912/-