STATE OF MADHYA PRADESH Vs. SADHWANI AND COMPANY

JUDGEMENT

(1.) IN this revision petition preferred under Section 19 of the Madhyastham Adhikaran Adhiniyam, 1983, (for brevity 'the Act') the applicant has called in question the legal presentableness of the impugned award dated 2-7-1994 passed by the Arbtiration Tribunal, Bhopal in Reference Case No. 76/1991, whereby the claim of the non-applicant was partly allowed and the applicants are directed refund the amount of Rs. 1,13,332/- alongwith interest @ 12% p. a. from the date of recovery, i. e. , 3-7-1989.

(2.) THE non-applicant executed an agreement bearing No. 17 of 1987-88 for the construction of Ghorapachar Tank Group No. 'b' (balance work Ch. Nos. 28 to 40) Tehsil Huzoor, District Bhopal. The said work was completed by the applicant alongwith Item No. 10 as described in the agreement and only measurement of this item No. 10 was in dispute before the Tribunal as well as before this Court because at the time of final bill on 14-7-1988 a sum of Rs. 1,13,332/- had already been recovered from non-applicant in respect of this dispute.

(3.) THE claim of the petitioner before the Tribunal was that recovery was made on account of audit report of Accountant General by the non-applicant Nos. 2 and 3, which is ab initio illegal because as per agreement in between the parties, if any due is payable by the claimant to the State that can be recovered only by the State Government and not by the applicant Nos. 2 and 3. In other words when the powers of recovery are not delegated to the non-applicant Nos. 2 and 3 then such recovery could not be made by them or by any of the officers except the State Government and in view of this petitioner preferred a claim before the Tribunal.