STATE OF HARYANA; NANU RAM GOYAL Vs. STATE

JUDGEMENT

(1.) This application for issuance of direction to the Arbitrator has arisen out of an order passed by me on 19.11.1990. which is reproduced below :-

(2.) By virtue of this application, the applicants is wanting this Court to direct the Arbitrator to consider the additional claims and counter claim filed by the parties before him. It is averred in the application that the additional defects, errors and omissions were noticed by the applicant contractor in the final bill and an additional claim No. 2-A was filed and that the Arbitrator is not agreeing to entertain the additions and modifications in claim No. 2, on the ground that this Court confined the Arbitrator to adjudicate upon and decide all disputes which were subject matter or Arbitration before the Superintending Engineer, Karnal. It is further the case of the applicant-contractor that the State has already filed additional counter claim to be determined by the Arbitrator.

(3.) The reply to the application has been filed in which it has been averred by the respondents that the work which was assigned to the contractor pertained to the construction of 100 beded Civil Hospital at Sonepat. The Contractor did not complete the work in time and left it unfinished, during the year 1986. The respondents have further stated that it does not appeal to reason that when the contractor filed his claim after about two years on 1.3.1988, he did not measure the construction and did not know the amount which was paid. According to the respondent, the contractor was fully aware about his final bill. It has further been brought to the notice of this Court that the additional counter claim was filed by the State, as the Arbitrator was given to understand that whatever claim was filed by the contractor on the first date, it was the same and it was under these circumstances that the Arbitrator asked the applicant - Contractor to supply the photo-stat copies of the claim. Photo-stat copies of the claim having been filed, the State also filed the additional counter claim.