STATE OF M P Vs. PARE CONSTRUCTION CO

JUDGEMENT

(1.) BEING aggrieved by the award dated 24-1-2002 passed by the Arbitration Tribunal, Bhopal in Reference Case No. 77/99 the applicants herein have filed this revision under Section 19 of the Madhya Pradesh Madhyastham Ad-hikaran Adhiniyam, 1983.

(2.) THE respondents herein submitted a reference petition before the Madhya Pradesh Arbitration Tribunal, Bhopal claiming Rs. 1,95,221/ -. Their tender for executing the work of construction of Majoos Khurd Lift Irrigation Scheme in Tehsil Gouharganj, District Raisen was accepted. The work was to be completed within 12 months.

(3.) ACCORDING to the respondents work involved two operations. First was fixing of railing and raising pump house and second was to supply and fixing of pump and equipments deep in the water. The work could not be completed within the stipulated period because the applicants shifted the site. As per contract wooden rafter was to be provided but oral instructions were issued that it be constructed by tubular trusses. The applicants did not provide trusses in time, therefore, respondents were asked to carry out the work as per agreement. The delay was caused by the department by not finally approving the drawing of the lifting arrangement of submersible pump within the reasonable time. The department failed to provide electricity at the side for testing of the pump. Even after 5 years of the issue of the work order and two years after fixing of the pump, department could not provide electricity. For these reasons the work could not be completed and the department forfeited their right to take any action against the respondents.