UNION OF INDIA Vs. SHIBBOO MAL AND SONS

JUDGEMENT

(1.) CHALLENGE in this petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity 'the Code') is to the judgment and decree dated 21.2.2000 passed by the Addl. District Judge, Chandigarh partially accepting the appeal of the petitioners in which the judgment and decree dated 20.10.1994 passed by the Civil Judge Ist Class, Chandigarh was impugned. The Civil Judge in his judgment and decree dated 20.10.1994 had dismissed the objections of the petitioners filed under Sections 30 and 33 of the Indian Arbitration Act, 1940 (for brevity 'the Act') and have made the award dated 13.5.1992 as rule of the Court.

(2.) FEW facts may first be noticed so that the controversy raised in the present petition may be put into correct prospective. Some differences between the contractor-respondent and the petitioner had arisen concerning the contract agreement No. CEZ-2/83-84 which related to providing connection from existing bath/kitchen and conversion of the pan type latrines into water borne sanitation at Ambala Cantt. The dispute was referred to the sole arbitration of Chief Engineer. He announced his award dated 13.5.1992. On the application filed by the contractor-respondents under Sections 14/17 of the Act, the Arbitrator filed his award in the Court. The petitioners filed objections under Sections 30 and 33 of the Act.

(3.) VIDE its judgment and decree dated 20.10.1994, the Civil Judge dismissed the objections of the petitioners and made the award of the Arbitrator dated 13.5.1992 as rule of the Court along with post-lite interest @ 15 percent p.a. from the date of decree till realisation. On appeal, the judgment and decree passed by the Civil Judge was modified accepting the objection against claim No. 6 which is pertaining to dewatering of line in Military Farm Area. In respect of Claim Nos. 1, 9, 18, 28, 30 and 34 and also objection concerning award of interest for pre-reference period, pendente lite period and future period was rejected.