UNION OF INDIA Vs. ASHOK KUMAR AGARWALLA

JUDGEMENT

(1.) The present appeal is at the instance of Union of India, through General Manager, South Eastern Railway to challenge the judgment and order of the learned Single Judge of this Court dated 27th March, 2002 thereby dismissing the petition of the appellant filed under sections 30/33 of the Arbitration Act, 1940 for setting aside the award passed in favour of the respondent.

(2.) The facts, relevant for disposal of the present appeal, may be briefly stated in this way.

(3.) The respondent was entrusted with a civil work for repair/reconstruction of piers between Chengail and Phuleswar Railway Station in Howrah- Kharagpur Division of South Eastern Railway by the appellant through a written contract. The respondent while undertaking the work specified under the contract had to undertake some other additional works under a compelling circumstances and at the request and with approval of the appellant. The respondent on completion of his work on 31st January, 1989 submitted his final bill separately for the original work as well as for the additional work and the appellant while settling the final bill for the original work refused to make any payment for the additional work raising several objections regarding the quantum of work and also regarding the rate for such work as claimed by the respondent.