NORTH MAHARASHTRA UNIVERSITY Vs. UTTAR PRADESH JAL NIGAM

JUDGEMENT

(1.) Rule was granted in this writ petition on 20/8/2008 .

(2.) A challenge in the petition is to an order dtd. 25/4/2007 passed by the learned District Judge, Jalgaon on an application below Exh. 22 in Misc. Civil Application No. 76/2005. The learned District Judge by way of impugned order has rejected the application filed by the petitioner seeking review of the order passed by the learned District Judge dtd. 19/12/2006 below Exh. 1. The learned District Judge had passed an order rejecting the application of the petitioner seeking production of documents on record and to remand the matter to the learned Arbitrator with a direction to consider those documents and to pass fresh award.

(3.) The petitioner is the university established under the Maharashtra Universities Act presently Maharashtra Public Universities Act. The respondent was appointed as a contractor to construct the buildings for the university in Jalgaon. The dispute arose out of the said contract and therefore, the respondent initiated the arbitration proceedings claiming compensation from the university. The learned Arbitrator by his award allowed the claim of the respondent and dismissed the counter claim of the university. By award dtd. 30/9/2004 the petitioner was direccted to pay to respondent an amount of Rs.24,27,888.00 along with interest at the rate of Rs.18.00% per annum from the date of award till the amount is paid, on the unpaid balance amount and other directions. The learned Arbitrator also passed additional award under Sec. 33 (4) of the Arbitration and Conciliation Act, 1996 (for short "the said Act") on 18/12/2004 directing the petitioner to pay interest at the rate of Rs.10.00% per annum on the escalation amount as per the arbitration award from 2001 till passing of the award on 30/10/2004.