DHARAMDAS NEEHLANI Vs. STATE GOVT OF M P

JUDGEMENT

(1.) THIS revision has been preferred under Section 19 of the M. P. Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as 'adhiniyam' for short), challenging award dated 1-1-1997 passed by M. P. Arbitration Tribunal, Bhopal in Reference Case No. 54/1991.

(2.) THE facts of the case are that petitioner Dharamdas Nechlani was awarded a percentage rate contract for construction of drainage syphon at R. D. 12,800 at Bargi left bank main canal group No. 3. The amount of work put to the contract was Rs. 2. 92 lakhs and the stipulated period for completion of work was 10 months excluding four months of rainy season. The petitioner quoted 104% above C. S. R. for steel work and 40% above C. S. R. for other items of the schedule in the agreement. An agreement No. 11/80-81 was executed between the parties and work order was issued to the petitioner on 29-1-1981. The due date of completion of work was 2-4-1982. The syphon was initially proposed to be constructed at R. D. 12,800, but the layout for syphon was given at R. D. 12,770. The petitioner got the layout for the work on 19-2-1981 and final layout for foundation was given on 3-3-1981. As per Clause 3. 5 of the agreement, the petitioner was to commence the work within 30 days from the date of issuance of work order. The petitioner commenced the work and was paid running bills during the period of work and gross amount of the*4th running bill presented was rs. 38,868. 70 p. The petitioner applied for extension of time on the ground of untimely rains in January, February, 1982 and heavy de-watering in foundation. The petitioner was granted extension of time for six months, i. e. , upto 2-2-1983, but by reserving the right of imposing penalty by the respondent. The petitioner could not complete the work and a notice was issued to him on 17-2-1983,2nd notice on 16-3-1983 and the contract was terminated on 20th April, 1983 under clause 4. 3. 3. 3. Thereafter the respondent got completed balance work by employing another contractor M/s. R. C. Rathore @ 185% above C. S. R. , in this regard an agreement No. 5 DL of 83-84 was entered between the respondent and M/s R. C. Rathore. The work order was issued to M/s R. C. Rathore on 21-2-1984 and balance work was completed on 20th May, 1985. His final bill was also finalised.

(3.) THE petitioner aggrieved by the termination of contract filed a reference application on 1-4-1991 before the Tribunal that his work though remained incomplete, but was delayed due to defaults, lapses and breaches committed by the respondent, so the respondent was at fault and the petitioner was entitled to payment of final bill amounting to Rs. 34,000/-, extra expenditure on de-watering amounting to Rs. 1,00,000/-, idling charges for men and machinery for two months amounting to Rs. 45,000/ -. Apart from this the petitioner had alleged that he was wrongly deprived of work by employment of debit-able agency, so he was entitled to loss of profit on the balance work not allowed to be carried out. For this he claimed Rs. 45,000/ -. The petitioner also claimed refund of security amount Rs. 6,016/ -. By this way the petitioner claimed a total sum of Rs. 2,30,907. 75 p. against the respondent.