STATE OF HARYANA Vs. BUMI HIWAY AND ORS.

JUDGEMENT

(1.) THE State is in appeal against the order dated 11.09.2006, whereby objection filed under Section 34 of the Arbitration and Conciliation Act, 1996 against the award dated 30.07.2005 and revised/corrected award dated 29.08.2005, has been dismissed.

(2.) MR . Naveen Sheoran, DAG, Haryana submits that Court below, much less, the Arbitrator has not appreciated the fact that claim was made by incompetent person. The dispute was never referred to the Adjudicator as per provision of Clause 24 and 25 of the terms and conditions of the contract. The claim of the contractor in response of the additional costs of dewatering was rejected by the Engineer and the Contractor did not seek reference of the same to the Adjudicator, thus, it had attained finality. The award was against the public policy inasmuch as that Clause 3.4.4 of the contract agreement stipulated that the Contractor has to make his own arrangements for dewatering from the working area at his own costs and the unit rates for each item of the work quoted by the Contractor shall include the cost of dewatering and thus prays that award, much less, order is liable to be set aside.

(3.) I have heard learned counsel for parties and appraised the paper book.