STATE OF MP Vs. R R AGARAWAL

JUDGEMENT

(1.) This is a revision petition under Section 19 of the MP Madhyastham Adhikaran Adhiniyam, 1983 against the award dated 09.12.1993 passed in Reference Case No. 95/1989 by the Madhya Pradesh Arbitration Tribunal, Bhopal.

(2.) Briefly stated relevant facts are that the Respondent is a contractor with Department of Water Resources, Madhya Pradesh registered as A-Class-III Contractor. His tender for construction of temporary residential building and permanent rest house at Phata was accepted. Necessary agreement was executed between the parties. Work was to be completed within eight months, excluding rainy season. Period for completion of work was extended. Payment was made after preparation and finalization of the final bill to the Respondent. Thereafter, reference was made by Respondent to Madhya Pradesh Arbitration Tribunal, Bhopal, claiming escalation. Respondent also made an additional claim on the ground of revised rates for extra items. This was opposed by the revisionist on the ground that the revised rates in respect of extra items would be applicable only to the quantity in excess of 30% over the tendered quantity

(3.) The Madhya Pradesh Arbitration Tribunal, Bhopal vide its award dated 9th December, 1993 held that the Respondent is not entitled to the claim to the tune of Rs. 77,167.60/-, on the basis of escalation. It is noteworthy that cross-objection or cross-revision has not been preferred by the Respondent in respect of the amount claimed on the basis of escalation. Thus, the same attained finality.