STATE OF M P Vs. SHUKLA CONSTRUCTION COMPANY

JUDGEMENT

(1.) THIS appeal is directed against the order dated 12. 5. 1998 passed by the Additional District Judge, Bhopal in Arbitration Case No. 102-A/97, whereby the learned trial Court partly allowed the objections filed by the appellants under Section 30 of the Arbitration Act, 1940 ( for short "the Act") and partly confirmed the award dated 31. 7. 97 passed by the Arbitrator and issued a decree in terms of the award in favour of the respondent.

(2.) THE facts giving rise to this appeal are that an agreement was executed between M/s. Shukla Construction Company (for short "the Contractor") and the State vide agreement No. 3/dl/77-78 for construction of approach road at betwa River Bridge and work order was issued on 5. 5. 1977. As per the term of the contract, the Contractor had to complete the work within a period of 12 months. The Contractor immediately after receipt of the work order started the work. There arose a dispute for lifting of fixed quantity of earth from the quarry and therefore the earth work was effected for the period from June 1977 to April 1978. The Contractor filed a claim petition before the appropriate authority as per the terms of the contract. As per the final bill, the work was completed and the payment was made on 24. 9. 1986. On 18. 6. 1980, the Contractor filed another claim in respect of the other Claims to the appellant no. 4 as per the terms and conditions of the contract. The contractor being dissatisfied with the said award dated 11. 5. 1983 challenged the same before the Civil Court in Special Case No. 24/84, which was allowed vide order dated 6. 4. 95 with a direction to the appellant no. 3 to refer the matter to the Superintending Engineer for deciding the dispute between the parties.

(3.) THE appellant no. 3 referred the dispute to one Shri H. K. Arora, superintending Engineer in the Office of the Chief Engineer, PWD. He was appointed as Arbitrator by the appellant no. 3 The respondent-contractor, however, filed 12 claims before the Arbitrator. Parties led oral and documentary evidence. The Arbitrator after hearing the parties and taking into consideration the documents on record decided all the disputes and passed an award in favour of the respondent on 29. 7. 1997. The contractor was intimated about passing of the award dated 31. 7. 97. The respondent-contractor filed an application under Section 17 of the act for making an award rule of the Court.