SETH MOHANLAL HIRALAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner -claimant has filed this revision petition u/s. 19 of the M.P. Madhyastham Adhikaran, Adhiniyam, 1983 (in short 'the Act') against the award dated 26.8.1997 passed by M.P. Madhyastham Adhikaran Bhopal in Reference Case No. 40/92, dismissing the claim of the applicant.

(2.) THE facts given rise to this revision are that the claimant entered in a contract with the respondents for construction of "Canal Aquadeet at Ch. 280" on Suka River under Contract Agreement No.2 of 1977 -78. As alleged the contract was executed for the work of amounting Rs. 43.65 lakhs (Fourty three lakhs and sixty five thousand), on item rate basis. It was to be performed by the petitioner in accordance with the terms and conditions of the contract as per Schedule 'G' of the contract. The claimant has to complete the quantity of Item No.9, providing/laying cement concrete in 1:3:6, 12941.25 Cu.M. at the rate of Rs. 200/Cu.M. lip to the reduced level 318.0 CU.M at the foundation as shown in the drawing No. 4, the part of the said agreement Annexure 3.

(3.) AS per claimant, due to aforesaid abnormal reduction of the work he has suffered loss of over heads and loss of profit on account of not providing the full contractual work. He filed the claim by assessing the same Rs. one lakh and also for ante -lite. Interest on it @ 12% per annum for three years Rs. 36,000/ -. Accordingly the claim was preferred for Rs.1,36,000/ -.