THE BAI ADARSH COOPERATIVE LABOUR & CONSTRUCTION SOCIETY Vs. THE EXECUTING ENGINEER (XEN), RAI WATER SERVICES DIVISION

JUDGEMENT

(1.) THE petitioner -contractor (a cooperative society) has invoked the jurisdiction of this Court under Article 227 of the Constitution of India by filing this revision petition to assail order dated 28.02.2012 Annexure P -24 passed by the executing Court. Dispute between the petitioner -contractor and respondent -Executing Engineer was referred to Arbitrator, who gave award dated 05.04.2003 Annexure P -1 inter alia awarding that the contractor is at liberty to lift the sub -standard stone (137.49 Cubic Meters) from the work site being smaller size stone, if he so likes, at his own costs, after informing the Executing Engineer.

(2.) OBJECTIONS against the said award preferred by the respondent were dismissed by the District Court vide order dated 03.12.2005 and FAO No. 1235 of 2006 filed by respondent in this Court was dismissed by this Court on 30.03.2006.

(3.) GRIEVANCE of the petitioner -DH in the instant revision petition is that the petitioner is also entitled to interest on the aforesaid amount of Rs. 3,50,000/ - @ 18% per annum w.e.f. 27.05.2001 till date of recovery.