RAJPAL CONSTRUCTION CO. Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision under Sec. 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as Act of 1983) takes exception to award dtd. 3/5/2002, passed by Madhya Pradesh Arbitration Tribunal, Bhopal, in reference Case No.48/1991, allowing the counter claim of the respondent.

(2.) Brief facts for adjudication of the present revision are that Item Rate Tender of the applicant for the work of providing Cement Concrete Lining in Bansagar, Common Water Carrier (CWC) from K. 16.00 to 16.50 Km. was accepted by the respondent vide letter dtd. 26/12/1983. The work-order was issued to the applicant on 30/1/1984. The cost of work was Rs.20.50 lacs.

(3.) According to the applicant, after the issuance of work-order, he mobilized the machinery and deployed local and outside labourers on the site. Inspite of making all preliminary arrangements for starting the work, the department failed to perform its contractual obligations and commitments in time, resulting in avoidable delay which has caused immense loss to him in terms of escalation in prices and loosing of opportunity to get some other work etc. The applicant stated that despite herculean efforts to complete the work, there was no proper redressal of his grievances under those circumstances, he had to withdraw from the site on 31/3/1990. He stated that on 7/8/1989, he submitted the quantified claims before the Superintendent Engineer. Since no response was received, the revised claims was submitted vide letter dtd. 4/2/1991 before the said authority. His total claims was for Rs.4,02,136.00 under various heads. Since the same also did not evoke any response from the respondent, therefore, the applicant approached the Madhya Pradesh Tribunal under Sec. 7 of the Act, 1983.