STATE OF GOA Vs. CHINNA NACHIMUTHU CONSTRUCTIONS

JUDGEMENT

(1.) THIS is an appeal by the Government of Goa against Order dated 29/10/1999 passed by the Addl. District Judge, North Goa, Panaji rejecting the appellant's application under Section 34 of the Arbitration and Conciliation act, 1996 for setting aside the ex parte award of the Sole Arbitrator, dated 29/6/1998. The Arbitrator has awarded to the respondent a sum of rs. 60,03,866/-with interest at the rate of 18 % p. a. from 26. 9. 88 till the date of the award.

(2.) THE appellant-State awarded the work of construction of an overflow and non-overflow masonry dam across Guleli Nallah at Anjunem village, Sattari Taluka on 2. 2. 1978. The contract agreement dated 8. 2. 78 contained the arbitration clause in clause 25. The relevant portion reads as follows :

(3.) THE arbitration proceedings commenced on 26. 9. 88 when the respondent invoked the arbitration clause listing its claims of revision of rates for the work executed beyond 1. 1. 1985. The appointment of Mr. B. R. Naique as arbitrator was objected to by the respondent.