STATE OF ORISSA Vs. HARIHAR PALO

JUDGEMENT

(1.) THIS appeal is directed against the order of the Subordinate Judge, Jeypore refusing to set aside the award of the Arbitrator. The arbitration proceeding relates to the work "Construction of H. L. Bridge over Chebali Nallah". There was an agreement and in pursuance of that the disputes between the parties were referred to Shri B. Patnaik, Superintending Engineer, National Highway Circle, Sambalpur by the Chief Engineer (Roads & Buildings), Orissa. The reference was for arbitration on the disputes over the claims of the claimant. The claimant had claimed Rs. 2,41,095, but the arbitrator has passed the award for Rs. 1,29,940. The award was objected to on the ground that the Arbitrator has misconducted himself as he failed to discuss and give his decision on each item of claim and counter-claim and has not given specific reasons for disallowing the claims of the present appellant. He has also misconducted himself in allowing additional claims. All these contentions of the defendant were not accepted by the trial Court. The trial Court has accepted the award and has made it a Rule of the Court. THIS appeal is directed against that order.

(2.) THE learned Standing Counsel vehemently contended that the award suffers from misconduct of the Arbitrator, inasmuch as the Arbitrator has entertained additional claims and the award is not supported by reasonings and the Arbitrator has not given his finding on each item of claim.