RAJA RAM AND SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a classic case which falls within the preview of the phrase 'justice delayed is justice denied'. The case has a chequered history.

(2.) ON 18.12.1975 Union of India invited the tender for laying of the sewage scheme in Central Cantonment, Ambala. The appellant was successful in obtaining the tender and completed the work on 15.7.1981. Some dispute arose between the parties, therefore, in view of the terms and conditions of the agreement, the matter was referred to the Arbitrator namely Krishan Kumar, Chief Engineer. The arbitrator announced the award on 27.11.2002 whereby the appellant was held entitled to a sum of Rs. 42,19,367/ -. The application for making the aforementioned award rule of court was filed. Union of India filed objections against the same. Since the parties were at variance the trial court framed the following issues: - -

(3.) MR . Vikas Bahl, learned Senior counsel assisted by Mr. Arjun Kundra, Advocate submits, that though, the claim before the arbitrator was more, but the arbitrator while entertaining the claim viz -a -viz amount of final bill/bank guarantee, extra work carried out beyond 10% deviation limit, extra excavation carried out for working space around circular manhole, extra excavation carried out in running sand and water logged area redoing of job maintenance period, watch and ward pump houses for completion date to July 15, 1982, partly accepted the claim of interest and breach of contract suspension of work increase in scope of work and declined various other claims. Against every claim the arbitrator assigned reasons. In order to demonstrate the aforementioned fact, he drew attention of the court to the award, which, according to the appellant assigned sufficient reasons while adjudicating claims for the purpose of adjudication of lis between the parties. It would be apt to reproduce the reasons: - -