WESTERN COALFIELD LIMITED Vs. B D SHARMA

JUDGEMENT

(1.) This appeal under section 39 of the Arbitration Act, 1940 (hereinafter for brevity referred to as 'Act'), read with section 96 of the Code of Civil Procedure, has been preferred by the appellant against the order passed by 3rd Additional District Judge, Chhindwara in C.S.No.8-B/97 decided on 10.4.2000, wherein and whereby the objections filed by appellant under section 30 of the Act, have been rejected and the award passed by arbitrator has been made rule of the Court. Hence, this appeal.

(2.) It is not disputed before us that parties had entered into an Agreement, on 25.3.89, for construction of building of Supervisor's Training Institute at Pench Area, of Western Coalfields Limited (hereinafter for brevity referred to as 'WCL'), Parasia. The total valuation of the Agreement was Rs.22,70,879/-. Before execution of the Agreement having been entered into between the parties, work order was already issued in favour of respondent (hereinafter shall be referred to as 'Contractor'), on 17.10.88, and the same was to be completed within a period of 9 months from the date of aforesaid issuance of work order.

(3.) Pursuant to the said order passed by the learned trial Judge, arbitrator was appointed to resolve the disputes between the parties. Arbitrator Shri G.R. Srikantiah, Retired General Manager (Civil), WCL, entered into the reference on 12.1.96, and passed an award on 12.8.96. The said award came to be submitted on 22.8.96, before the trial Court, who after considering the objections of WCL, made it rule of the Court.