KANPUR JAL SANSTHAN AND ORS. Vs. BAPU CONSTRUCTIONS

JUDGEMENT

(1.) The instant appeal is directed against the order dated 30.3.2013 passed by the District Judge, Kanpur Nagar in Misc. Case No.40/70 of 2009 (Kanpur Jal Sansthan Vs. M/s Bapu Constructions) and Award dated 20.1.2009 passed by Shri Sunil Bhatnagar, Arbitrator in Arbitration Petition No.32 of 2003.

(2.) Heard Shri Ravi Kant, learned Senior Advocate assisted by Shri R.M. Saggi, learned counsel for the appellants and Shri Anil Kumar Yadav, learned counsel for the respondent.

(3.) The brief facts involved in the matter are that Shri Sunil Bhatnagar was nominated as Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 ( hereinafter referred to as ' the 1996 Act') by order dated 23.09.2005 by the Chief Justice to decide the dispute between the parties. According to the claimant/ respondent (hereinafter referred to as ' the respondent'), he had entered into an agreement with the opposite party/ appellant ( hereinafter referred to as ' the appellant') to carry out the works of supply and filling of 0.3 to 0.4 mm sand (Morang) for slow and filters. Work Order No.Jal/Civil/Work/3/87 dated 24.2.1987 of Rs.21,43,200/- was issued. The work was to be commenced from 23.05.1987 and was to be completed within one year.