MUNICIPAL COUNCIL ERANDOL Vs. RAMESH MUKUND LOKHANDE

JUDGEMENT

(1.) This is an Appeal against the order of the learned single Judge dismissing the Appellant's petition under Section 38 of the Arbitration Act, 1940 for setting aside an award dated 30th August, 1993 passed by the Arbitrator, Respondent No. 2.

(2.) The Appellant/original Petitioner invited tenders in respect of certain construction work. Respondent No. 1 being the successful tenderer was issued a work order by the Appellant and instructed to commence the work with effect from 11th October, 1989. The terms and conditions of the work order dated 23rd september, 1989 incorporated various documents. The agreement between the parties was thus governed by the work order and the documents incorporated therein. One of such documents was the General Conditions Of contract For Civil Works.

(3.) Disputes and differences arose between the parties herein. The same were referred to the sole arbitration of Respondent No. 2 under clause 97 of the general Conditions Of Contract For Civil Works which reads as under :-