STATE OF TRIPURA Vs. KETAKI RANJAN DEB

JUDGEMENT

(1.) By this appeal, under Section 37 of the Arbitration and Conciliation Act,1996, the appellant challenged the order dated 04.04.2002, passed by learned District Judge, North Tripura, Kailashahar in T.S.(Arbitration) 01 of 2001.

(2.) Heard learned counsel, Mr. P.Dutta for the appellant and learned counsel, Mr. K.Indu for the respondent.

(3.) Pursuant to a Notice Inviting Tender by the Executive Engineeer, Kumarghat Division, Govt. of Tripura, for the work "Construction/Improvement of road from Pecharthal-FatikroyHalahali-Chebri (94 KM) / Portion from PecharthalFatikroy(15.66 KM)/Gr-I/Portion from 0 KM to 9 KM in Tripura under NEC programme/Job No.TP/COM/271/Portion from 3 KM to 5 KM /S.H.Formation" , the respondent contractor participated in the tender process, and Work Order No.F.10(178)/EE/KD/8353-62 dated 31-8-87 was issued in favour of the respondent contractor for execution of the work within 12 months reckoning from 15th day after the date of issue of the Work Order. An agreement was also signed between the appellant i.e. the Executive Engineer, Kumarghat Division and the respondent contractor stipulating therein the terms and conditions of the execution of work. Dispute and difference cropped up on the issue of some extra item of works such as clearing of jungle and making of trace path etc. and the respondent contractor in due course applied for referring the dispute to the Arbitrator as per the terms of agreement. Accordingly, by an order dated 25.09.1998, Engineer-in-Chief(PWD) referred the dispute, in terms of the agreement, to the Sole Arbitrator for settlement of the dispute and accordingly the reference was registered on 06.10.1998 vide No.ARB/KKS/98(16)/133-35 before the sole Arbitrator. Notices were issued to the respective parties by the sole Arbitrator and accordingly, the respondent contractor appeared and submitted his claim statement referring therein the schedule of disputes. The appellant even after receipt of the notice as well as reminders did not turn up and therefore, Arbitrator after elapse of substantial period of time decided the disputes ex parte formulating 6(six) issues based on the claim statement and awarded the claim accordingly. The issues and the award made by the Arbitrator, reads as follows:- <STYLE TYPE="text/css"> <!-- .style1 {font-family: Verdana} --> <FRM>JUDGEMENT_53_LAWS(GAU)1_2013_1.html</FRM>