STATE OF MADHYA PRADESH Vs. P D GOYAL

JUDGEMENT

(1.) THIS revision petition is preferred under Section 19 of Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 by the applicants against the award dated 20-6-1994 passed by the Madhya Pradesh Arbitration Tribunal, Bhopal in Reference Case No. 76 of 1992, whereby the claim/reference of the non-applicant was partly allowed and the applicant was directed to release the F. D. R. amounting Rs. 2,58,305/- including interest thereon to the non- applicant. Beside this the cost of the reference and the Counsel fee are also awarded.

(2.) BRIEF facts of the case are that the non-applicant's tender was accepted by the applicants and the work of construction of approach road to high level bridge in Km. 397/4 of National Highway No. 26 (Kurmundu Nala) including construction of five number Hume Pipe was given by the agreement No. 23/dl 87-88. In this regard work order was issued on 19-10-1987 and initially probable amount of contract was 16. 35 lacs and was to be completed within eighteen months including rainy season and according to this terms the work was to be completed by 18-4-1989.

(3.) AS per the non-applicant he could not complete the work within the stipulated period because some forest land was also coming in the alignment of work and the present applicant could not make available that side for said work but according to direction of the applicant, non-applicant completed the work of the remaining portion. During performance of contract on 30-6-1990, first extension was granted to the non-applicant and during this period the work side was transferred from Kareli Division to Seoni Division but due to lack of this information non-applicant could not correspond with the Seoni Division.