STATE OF GOA REPRESENTED BY THE EXECUTIVE ENGINEER P W D WORKS DIVISION Vs. N B DHARGALKAR CIVIL CONTRACTOR

JUDGEMENT

(1.) THIS is an appeal under Section 39 of the Arbitration Act, 1940 (hereinafter referred to as the Act) against the Order of the Civil Judge, Senior Division, Panaji refusing to set aside the Award under Section 30 of the Act.

(2.) THE respondent Shri N.B. Dhargalkar was awarded a contract for asphalting the road by the appellant-State of Goa. Amongst various other claims, he claimed that he had done a full ground asphalting of additional area of 309.90 sq. metres of road. He therefore made that claim amongst other claims before the Arbitrator. The Arbitrator considered his claim and made an Award of Rs.1,86,867/- at the rate of 15% per annum to be paid by the State to the respondent in respect of six claims made by the respondent. Out of six claims which were made, the Arbitrator allowed three claims in particular and awarded payment for the additional area which the respondent asphalted at the rate of Rs.45/- per sq.m. for 309.90 sq. metres.

(3.) THE learned Civil Judge S.D. has found that the Arbitrator had taken down actual measurements at the time of a joint inspection and the Award is based on such measurements recorded in the measurement book. The learned Civil Judge S.D. Found that the Arbitrator had not travelled beyond the terms of the reference while making the award.