PRADEEP KUMAR Vs. HARYANA STATE

JUDGEMENT

(1.) THE challenge in the present revision petition is to the order passed by the learned first Appellate Court on 5.1.1996, whereby the award awarding an amount of Rs. 5,02,150/- by the Arbitrator under Item No. 4 i.e. claim for cleaning of silt and bailing out water from the wells before the plugging of concrete wells, was set aside.

(2.) THE petitioner was granted a contract for constructing Acquaduct Crossing Outfall Drain No. 8, Gurgaon Water Supply. One of the conditions of the work order was that payment against any item not covered by the above items, shall be made as per the approval of the competent authority.

(3.) THE respondent has filed objections against the said award inter-alia alleging that the amount of Rs. 5,02,150/- could not be awarded as the contract agreement specifically included bailing out of water in the main work i.e. excavation of well. Though the learned trial Court made the award as Rule of the Court but the learned Appellate Authority found that the amount awarded against Item No. 4 could not be made Rule of the Court as the Arbitrator has acted beyond the terms of the agreement.