STATE OF M.P. Vs. ARVIND M. PATEL

JUDGEMENT

(1.) THE State has filed this revision petition under section 19 of M.P. Madhyastham Adhikaran Adhiniyam for setting aside award dated 27.6.1996 passed by M.P. Arbitration Tribunal in Reference Case No. 15/94.

(2.) IT appears that respondent was allotted a rate contract for earth work of right bank canal of Man project of Dist. Dhar. The duration of contract was 9 months excluding 3 months of rainy season. Respondent was given the work order on 3.5.1990 and stipulated date for completion of contract ended on 2.5.91. He was accordingly put on notice by Engineer -In -Chief and required to resume the work. First notice was served on him on 23.5.92 and the second on 7.9.92 in terms of clause 4.3.3.3 of the agreement. He replied to these notices taking the stand that he had already completed the work and that he would not resume the work. The Engineer -In -Chief consequently rescinded the contract by letter dated 30.7.93 withdrawing the work and allotting the balance work to another contractor namely Mohanlal Patidar.

(3.) STATE has come up in this revision on the plea that tribunal had misdirected itself and overlooked the documentary evidence on record while awarding the claim. At this stage it would be worthwhile to refer to the relevant findings and observations of the tribunal which run thus: