PUNJAB STATE Vs. RAI SAHIB MEHTA

JUDGEMENT

(1.) The appellants had alloted the work of construction of boundary wall around Workshop Yard of the Thein Dam Complex at Shahpur Kandi (Pathankot) to the respondent-contractor. There was a dispute. Vide order dated December 1, 1993 it was referred to Mr. Hardyal Gupta, Superintending Engineer, for decision. On June 30, 1994 the Arbitrator gave his award. It was received by the Court on July 1, 1994. No November 21, 1994 the appellants filled their objections. The Court framed the following issues :-

(2.) MR . P.D.S. Chhina, Sr. D.A.G., Punjab, contends that the Court had fixed November 21, 1994 for the filing of objections. The objection were actually filed on that date. In this situation it could not be said that the objections were barred by limitation.

(3.) ON merits Mr. Chhina submits that the Arbitrator has misconducted himself. Learned counsel has referred to findings of the Arbitrator with regard to two item Nos. 11 and 11(B) for Claim No. 1. Under item No. 11 an amount of Rs. 1,255/- was awarded. Under item No. 11(B) the Arbitrator had held the respondent entitled to an amount of Rs. 6,300/-. On the basis of these two findings, as recorded by the Arbitrator, it has been submitted that the awarded is vitiated.