MANAGING DIRECTOR Vs. ANIL KUMAR SHIVHARE

JUDGEMENT

(1.) This Civil Revision, filed under Sec. 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, is directed against the award dtd. 13/2/2009 passed by the Madhya Pradesh Arbitration Tribunal, Bhopal, in Reference Case No. 19/2005, whereby the appellant was directed to pay a sum of Rs.35,96,314.00 to the petitioner along with interest @ 6.5% per annum from 15/11/2001.

(2.) The petitioner/Nigam floated a tender for construction of Dastkari Haat at Gwalior Trade Fair Complex, Gwalior, which was initially awarded to M/s Plant Builders, Gwalior. After execution of part of the work, the said contractor abandoned the project. Thereafter, respondent No.1 offered to complete the remaining work on the same tender rates and terms. Accordingly, an agreement was executed between the petitioner and respondent No.1 on 23/10/1996 and a work order was issued on 24/10/1996, stipulating completion of the work, including handing over of at least 50 shops, by 15/12/1996.

(3.) The respondent No.1 commenced the work but failed to complete it within the stipulated time. Disputes arose about payment of the running account bills. The respondent No.1 submitted the 5th, 6th and 7th running account bills and claimed that an amount of Rs.35,65,366.00 remained outstanding after adjustment of payments made. Correspondence was exchanged between the parties, and the respondent No.1 treated the 7th running account bill as the final bill.