J C JHINA Vs. H P HOUSING BOARD

JUDGEMENT

(1.) On a dispute having arisen between the parties qua agreement No. 5 of 1987-88 regarding construction of Central Jail Building at Kanda, Shimla (SH : Construction of Main Outer Boundary Wall from R.D. 870 to 1088), the matter was referred to arbitration.

(2.) The Arbitrator entered upon the reference on 1.1.1992. He gave his Award dated 29.3.1994. Such award was filed in the Court for being made the rule of the Court and the same came to be registered as Civil Suit No. 102 of 1994. Both the parties preferred objections to the award under Sections 30/33, Arbitration Act, 1940. A learned Single Judge of this Court on 9.9.1996 allowed the objections and after setting aside the award dated 29.3.1994 remitted it back to the Arbitrator for decision afresh after examining the points raised by the parties before the Court.

(3.) The Arbitrator on the matter having been remitted back to him for decision afresh, reheard the parties and on consideration of the material placed before him made his award on 18.11.1997 whereby he allowed the following claims of the petitioner-decree holder : <FRM>JUDGEMENT_404_CCC2_2002Html1.htm</FRM>