CHOWDHURY AND CO Vs. GOVERNMENT OF ORISSA

JUDGEMENT

(1.) THIS is a plaintiffs appeal against the decision of the learned Subordinate Judge of Cuttack refusing to remit the award made by the Arbitrator.

(2.) THE facts appropriate for disposal of this appeal are the following : Plaintiff is a firm of contractors. It undertook the execution of the work entitled "Construction of Express way from Daitari Mines to Paradeep Port - construction of right approach (portion between Mahanadi and Taladanda canal bridge) and right guide bund of high-level bridge across the river Mahanadi at 84th mile of Expressway Reach No. XIII." Contract No. 76 F2 of 1966-67 was duly executed. Dispute arose out of the contract and the Chief Engineer in terms of the arbitration clause appointed a Superintending Engineer to arbitrate. 41 heads of claim were referred to the Arbitrator. THE Arbitrator dealt with the claims item-wise and as against a total claim of Rs. 18,00,865.72 paise, the Arbitrator made an award for Rs. 64,260.58 paise. THE Arbitrator sent his award to the court of the learned Subordinate Judge at Cuttack requesting for action under; S. 14(2) of the Arbitration Act. On notice from the court, the State Government applied for making the award a rule of the court, while on behalf of the plaintiff prayer was made for accepting the award in respect of certain items and for remitting the award to the Arbitrator for reconsideration of plaintiff's claim in respect of certain items. THE learned Subordinate Judge refused to remit the award and made it a rule of the court. This appeal has been directed against that order of the learned Subordinate Judge. Obviously plaintiffs grievance is against non-remission of the award for a reconsideration of the several heads of its claims as prayed for.