STATE OF M.P. Vs. VASU BUILDERS

JUDGEMENT

(1.) This revision is directed under Section 7 of the M.P Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as the "Adhiniyam" in short) aggrieved by the award of the Arbitration Tribunal dated 3rd of April, 1996 in Reference Case No. 70/1990 by which counter claim filed by the petitioner has been dismissed.

(2.) Now the facts of the present case may be seen. Respondent contractor was awarded a contract for the construction of Right Earthen Bund from R.D. 430 to 1194 at ground level and R.D. no. 510 to 1194 m. on top right flank of Kolar Pick -up -weir. The work order was issued on 14.8.1980 and the stipulated period of completion was of 15 months including rainy season and the stipulated date of completion of work was 13.11.1981. The respondent executed total work worth of Rs. 80,000/ - during stipulated period and he had not applied for extension of time and the petitioner by order dated 19.11.1981 Ex. P -9 took the unexecuted work out of the hands of the respondent for completion by another agency on extra cost to be borne by the respondent. The petitioner got completed the balance work by another contractor.

(3.) The tribunal after recording evidence and hearing both the parties found that there was no breach of contract on the part of the petitioner with regard to failure to provide the approach road from Rahti to work site and the respondent abandoned the work by letter dated 14/10/1981. The tribunal found that the department had properly rescinded the contract under Clause 4.3.3.3 of the agreement and the petitioner measured the work of the respondent and got completed unexecuted part of the work through debitabled agency in which extra expenditure was paid. The tribunal found that the respondent is entitled for Rs. 7,682/ - towards the payment of final bill and for refund of Rs. 2,964/ - deducted as security deposit from running bills and also for return of bank guarantee of Rs. 18630.