DURYODHAN MOHAPATRA Vs. EXECUTIVE ENGINEERIRRIGATION DIVISION

JUDGEMENT

(1.) THE plaintiff in O. S. No. 23 of 1981 of the court of the Subordinate Judge, Bhubaneswar, is the appellant in this appeal.

(2.) ON 16-3-68, the plaintiff had entered into a contract and signed agreement for excavation of Boudh main canal from RD 60900 to RD 77000 under the Salki Irrigation Project. As dispute arose between the parties relating to the aforesaid work. Shri B.C. Patnaik, Additional Chief Engineer, Minor Irrigation was appointed as Arbitrator to decide the dispute. The plaintiff claimed a total sum of Rs. 7,60,440/- under different items and the said claim was contested by the Executive Engineer, Irrigation Division, Boudh Dist. Phulbani. The Arbitrator in his award D/- 30-1-81 allowed a sum of Rs. 1,00,000/- under claim Hem No. 5, and Rs. 55,000/- under claim item No. 7. Under claim item No. 5, the plaintiff had claimed Rs. 2,25,623/- and item No. 7 relates to the claim of interest. The Arbitrator allowed interest at the rate of 6 1/4% from 1612-77 which is the date of the award and calculated interest on Rupees 1,10,000/- to be Rs. 55,000/-. ON receipt of the award, the court registered it as a suit and both the parties were noticed by the Court to file their objection, if any. In pursuance of the notice, the defendant Executive Engineer filed objection under Section 30 Arbitration Act, challenging the award, which was registered as Misc. Case No. 154 of 1981. After hearing the objection filed by the defendant, the Subordinate Judge by the impugned judgment has remitted back the award to the Arbitrator for considering the claim under item No. 5 in the light of the observations made by the Court and to resubmit the same within two months from the date of the judgment. This Misc. Appeal is directed against the said judgment.