LAWS(BOM)-2004-6-165

UNION OF INDIA, REPRESENTED BY THE EXECUTIVE ENGINEER, GOA CENTRAL DIVISION, CENTRAL PUBLIC WORKS DEPARTMENT, BAMBOLIM, GOA Vs. M/S. S.N. ASSOCIATES & BUILDERS (PVT.) LTD. MUKUND, GR. FLOOR, OPP. VIDHYA BHAVAN, COMBA, MARGAO, GOA

Decided On June 10, 2004
Union Of India, Represented By The Executive Engineer, Goa Central Division, Central Public Works Department, Bambolim, Goa Appellant
V/S
M/S. S.N. Associates And Builders (Pvt.) Ltd. Mukund, Gr. Floor, Opp. Vidhya Bhavan, Comba, Margao, Goa Respondents

JUDGEMENT

(1.) This appeal is filed under Sec. 39 of the Arbitration Act, 1940 (Act, for short) against the Order dated 18.9.95 of the learned Civil Judge, Senior Division at Panaji (Civil Judge, for short) by which the learned Civil Judge, has modified the Award of the Arbitrator dated 31.10.91.

(2.) Some facts need to be narrated for getting hang of the case and the issues of law raised. The appellant and the respondent had entered into a contract for the construction of residential quarters for R.I.M. at Margao. The said contract commenced on 18.4.1983 and the works of the said contractor completed on 12.2.86 and in terms of the said contract the appellants were required to pay the final bill within 7 months of the conclusion of the works i.e. on 11.9.86. Certain disputes and differences having arisen between both the parties in connection with the said const ruction, the same were referred to arbitration on 9,4,1989 in terms of clause 85 of the contract. The first Arbitrator did not initiate any proceedings but the second entered upon the Reference on 23.8.1991 and made an Award dated 31.10.91.

(3.) By virtue of the said Award, the respondents were held entitled to Rs.34,855.00 (Under Claim No.1), Rs.83,398.82 (Under Claim No.3), Rs.9000.00 (Under Claim No.5), Rs.500.00 (Under Claim No.6). The claim No.14 pertained to interest claimed by the respondents at the rate of 18% from the date when all claims became due to date for payment .