S C SARIN Vs. BHAKRA MANAGEMENT BOARD

JUDGEMENT

(1.) This is an appeal from the judgment of the Sub-Judge Ist Class, Ludhiana, modifying the award, which has been passed in favour of Shri S.C. Sareen (plaintiff) by the Arbitrator and making it a rule of the Court only to the extent of Rs. 20,497/- with proportionate costs.

(2.) Brief facts of the case are that in response to a tender dated 26th April, 1965 Shri S.C. Sareen was allotted the construction of well type foundation in the Sutlej for crossing of 220 K.V. Bhakra-Ludiana line. An agreement was duly executed between Shri Sareen and the Punjab State Electricity Board (defendant No. 2). While the construction was in progress, by virtue of the provisions of the Punjab Re-organisation Act, the Bhakra Management Board (defendant No. 1) was formed and the construction was brought under its control. Shri Sareen completed the work on 7th June, 1968. He received payments for the work done but with respect to certain items, enumerated in schedule annexed with the application under Section 20 of the Arbitration Act, his claim was rejected. Hence, he moved the Court for reference of the dispute of the Arbitrator vide clause 25-A of the agreement. The reference made by the trial Court was challenged by the Bhakra Management Board (defendant No. 1) by filing F.A.O. No. 166 of 1970 which was dismissed by this Court on 26th March, 1971. Thereafter the Superintending Engineer, Transmission, Construction Circle No. 1, P.S.E.B., Patiala (defendant No. 3) gave his award to the effect that Shri S.C. Sareen was entitled to Rs. 44,948/- with respect to Item No. 7 of his claim. The objections raised to the award by defendant No. 1 were contested by Shri S.C. Sareen.

(3.) The trial Court framed the following issues :-