M.S.KHURANA Vs. BHOPAL VIKAS PRADHIKARAN

JUDGEMENT

(1.) The applicant has filed this revision being aggrieved by the award dated 30.6.1999 passed by the M.P. Arbitration Tribunal, Bhopal (hereinafter referred to as 'the Tribunal') in Reference Case No.135/1993.

(2.) The brief facts, leading to the filing of the present revision, are that the applicant was awarded contract for construction of Academic Complex of the Indian Institute of Forest Management with kitchen/dining block including internal water supply, sanitary and electrical fittings at Bhopal. The probable amount of contract was Rs.1,53,00,000/-. The accepted tender rate was 73.80% above C.S.R. The work order was issued on 6.12.1985 by the Executive Engineer and the work was required to be executed within 24 months which period was to commence after 15 days of issuance of the work order. The stipulated date of completion of the work order was 20.12.1987 including rainy season. The work was actually completed by the applicant on 14.5.1988 after a delay of four months and 25 days, on account of which certain payments were withheld.

(3.) The applicant, being aggrieved, raised a dispute alleging that the delay occurred on account of the fact that the respondents committed default and delay in handing over the site of faculty building, foundation plan for accounts and administrative building, mobilization advance, and created obstruction in the layout of the building in foundation work, issued incomplete layout plan, delayed decision making, gave inadequate supply of water, changed the specifications, issued short supply of cement and committed delay in recording measurements and making payment of running bills and final bills. The respondents did not accept the claim of the applicant.