STATE OF ORISSA Vs. MAGUNI CHARAN PANI

JUDGEMENT

(1.) This appeal has been filed under Section 39 of the Arbitration Act, 1940 against the award dated 30.6.1998 passed by the Arbitration Tribunal, Orissa and the order dated 25.2.2002 passed by the learned Second Additional Civil Judge (Sr. Division), Cuttack in Misc. Case No. 108 of 2000 as well as the judgment dated 28.2.2002 passed in T.S. No. 4325 of 1998 by the said learned Civil Judge.

(2.) THE respondent who is a licensed Special Class Contractor under the Government of Orissa, entered into a F -2 contract with the Executive Engineer, Cuttack Minor Irrigation Division on 14.5.1982 for execution of construction work of Nimajhar Minor Irrigation Project under Tangi -Choudwar Block in the district of Cuttack. The estimated amount of the contract work was to the tune of Rs.15,73,399/ -. As per the agreement, the work was to be completed by 31.12.1983. The respondent thereafter proceeded with the work. However, he could not complete the work within the time stipulated. The respondent claimed that he has executed certain extra items of work on verbal instruction of the Executive Engineer for which there was no estimate nor any approved rate was fixed. The respondent in this regard wrote a letter to the Executive Engineer on 8.2.1993 for approval of the extra items of work done by him. According to the respondent, the said letter was ignored and the Executive Engineer threatened to rescind the contract if the respondent insists upon the same. Thereafter, the contract was rescinded and certain charges were leveled against the respondent. The final measurement of the work done by the respondent was made on 30.9.1983 which, according to the respondent, was without notice to him. As according to the respondent, the final bill was also not prepared in accordance with the work executed by him; a dispute arose between the parties. Since there was an arbitration clause in the agreement, the respondent filed T.S. No.25 of 1991 before the learned Civil Judge (Sr. Division), Cuttack under Section 20 of the Arbitration Act, 1940 for reference of the dispute for arbitration.

(3.) IT appears from the grounds set -forth in the memorandum of appeal that the challenge to the judgment passed by the learned Civil Judge as well as to the award primarily relates to factual aspects.