SUPERINTENDING ENGINEER Vs. GAMMON INDIA LIMITED

JUDGEMENT

(1.) HEARD the learned Additional Advocate general for the appellant and the learned senior counsel for the respondents. This writ appeal has been filed against the order dated 16-4-2005 passed by the learned single Judge. We have perused the impugned judgment and the record.

(2.) THE first respondent herein was engaged by the appellant as a contractor for constructing a masonry dam across the river Hanumanathi in pursuance of the tender notified by the appellant. THE project was completed by the first respondent but some disputes arose between the parties in the matter of settlement of the final bill.

(3.) LEARNED counsel for the appellant also submitted that before approaching the arbitrators, the first respondent should have approached the adjudicator by following the procedure prescribed in Clause 24 (1) of the general Contract Conditions, which reads as follows: "24. 1 Disputes If the contractor believes that a decision taken by the engineer was either outside the authority given to the Engineer by the contractor or that the decision was wrongly taken, the decision shall be referred to the Adjudicator within 14 days of the notification of the engineer's decision. "