STATE OF PUNJAB Vs. V K SOOD

JUDGEMENT

(1.) THIS judgement will dispose of F. A. Os' Nos. 146, 147, 946, 947 and 116 to 119, all of 1989 filed by the State of Punjab for setting aside the judgment and decree of the Additional Senior Sub Judge, Ropar, dated 30. 11. 1988 and the Award given by the Arbitrator on 31. 5. 1988, as common question of law and fact arise in all these appeals.

(2.) FOR the purpose of judgment, facts have been taken from F. A. O. No. 146 of 1989, State of Punjab v. V. K. Sood Contractors and Engineers.

(3.) SHORN of unnecessary details, the relevant facts are that a dispute having arisen between the Contractor and the State of Punjab the matter was referred to the Arbitrator by the Contractor of his own. The Arbitrator gave the Award on 31. 5. 1988. M/s. V. K. Sood. Contractors made an application in the Court of Additional Senior Sub Judge, Ropar for making the Award a Rule of the Court. The State of Punjab filed objections. However, the learned Additional Senior Sub Judge, Ropar, vide order dated 30. 11. 1985 made the Award a rule of the Court and in pursuance thereof, a decree was passed in favour of the contractor to the tune of Rs. 78,52,198/- with interest at the rate of 12% per annum against the Objector/state of Punjab from the date of reference till the date of realisation. Aggrieved against the same, the State of Punjab has filed the present appeal.