NARAYAN PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE plaintiff has preferred this appeal.

(2.) THE plaintiff executed certain work relating to the Minor Irrigation Project at Sittagunda. After the completion of the work the plaintiff claimed certain amount as his dues from the above-named defendants for the work done by him in connection with the said Project and as the defendants did not pay the said amount he filed Title Suit No. 78 of 1969 in the court of the Subordinate Judge, Aska to pass a decree directing the defendants to file the agreement between him and Government in the court, and also appointing an arbitrator to adjudicate the claims of the plaintiff in respect of the said work and to pass an award in accordance therewith. That suit was decreed against the defendants and they were directed to file the agreement in court, and an arbitrator was appointed to decide the dispute and to pass an award. THE arbitrator in his award dated 5-12-73 directed the defendants to pay a sum of Rs. 13,356.48 to the plaintiff with interest thereon at 6 per cent per annum from 4-2-74 till full payment was made. THE plaintiff thereupon filed the award signed by the arbitrator in the court below with a petition under the provisions of S. 14 (2) of the Arbitration Act (hereinafter referred to as the 'Act') read with S. 26 and O. 7, R. 1 C. P. C. On the said petition Original Suit No. 1 of 1974 was registered in the court below. Before receiving notice of the said case defendant no. 2 (Executive Engineer, R. E. O., Phulbani), on behalf of both the defendants filed the written statement in the suit by way of an objection petition for modification of the said award on the ground of obvious errors in the said award. THE court below, on hearing the counsel appearing for both the parties, has, by the impugned judgment, modified the amounts awarded in respect of the first, second and the ninth items in the award, and on that basis has passed a decree for a lesser amount than that awarded by the arbitrator in favour of the plaintiff. THE plaintiff has preferred this appeal against the said judgment of the court below.