LAWS(ALL)-1990-4-108

AZIMULLAH Vs. JAL NIGAM

Decided On April 19, 1990
AZIMULLAH Appellant
V/S
Jal Nigam Respondents

JUDGEMENT

(1.) This is an appeal against an order passed by the court below allowing the application under Sec. 34 of the Arbitration Act and directing the appellant to refer the dispute to arbitration as per agreement between the parties.

(2.) It appears that the appellant had been given contract for electrification of multi stories building. The contract was worth Rs. 66,510.00 against which a payment of Rs. 55,495/- was made to him and, therefore, the plaintiff filed a suit for recovery of the balance amount, being suit No. 769 of 1983.

(3.) Apart from the work done under the contract bond the plaintiff alleges that he had to carry out additional work of the value of Rs. 4,44,491.68 under the direction of the Engineer-in-charge against which he has only been paid Rs. 13,996.36. Since a sum of Rs. 3,06,526.32 remained in balance the plaintiff filed suit No. 564 of 1984 for the recovery of the same. The allegation made was that these works were not covered by the bond but it had been executed under the direction of the Engineer Incharge as extra work and the same was not being gratuitous the plaintiff was entitled to payment in respect thereof under Sec. 79 of the Contract Act.