D. C. LUNIA Vs. STATE OF M.P.

JUDGEMENT

(1.) This revision by the contractor under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 has been preferred against the award of the M.P. Arbitration Tribunal dated 19th October, 1988.

(2.) THE petitioner -contractor was awarded construction work for Panabaras Tank in Rajnandgaon district. Five extensions were granted to him; but the work was not completed. The contract was, therefore, rescinded on 27.7.1983.

(3.) THE learned counsel for the petitioner mainly attacked the decision of the Tribunal in upholding the action of the department of debiting the sum of Rs. 47,471.25 as extra expenditure incurred for getting the work done through the new contractor under clause 4.3.3.3 of the contract. The first contention advanced on behalf of the contractor is that the aforesaid amount could have been allowed to be debited as it was in the nature of a counter claim, which needed adjudication through the Superintending Engineer as an appellant authority under the contract or through the Tribunal on payment of court -fee in the Tribunal.