STATE OF HARYANA Vs. RAVINDER KUMAR

JUDGEMENT

(1.) Challenge in the present appeal is to the order passed by the learned court below whereby the objections filed by the appellant against the award of the arbitrator were dismissed.

(2.) Briefly the facts are that respondent no. 1 (hereinafter to be referred as 'the contractor') was awarded the work of construction of S/S Tank 330'x330'x8' pipeline at head works and all other work contingent thereto for augmentation water supply scheme, Beri, District Jhajjar. The dispute arose on account of extra work got done from the contractor which was not part of the contract. It has come on record that during the course of excavation, when it reached at 2' below the ground level, wet earth started. The contractor was directed to go ahead with the excavation of the wet earth and assured the payment thereof.

(3.) Learned counsel for the appellant submitted that it is a case where the award of the Arbitrator was beyond the terms of the contract and the same deserves to be set aside as the Arbitrator could not proceed beyond the terms of the contract. After hearing learned counsel for the appellant, I do not find any merit in the submissions made. In the procedure adopted by the Arbitrator, no fault as such has been pointed out. After appreciating the evidence produced on record by the parties, the Arbitrator came to the conclusion that extra work was got done from the contractor on the assurance given by the appellant that he will be paid money for the same as otherwise the execution of the work would have been delayed. It was only on account of that extra work done by the contractor, the execution of which is not in dispute that the Arbitrator has granted the amount to the contractor.