R.K.KAPILA Vs. UNIT OFFICER

JUDGEMENT

(1.) Since common questions of law and similar facts are involved in these two civil suits and petitions therein, therefore, these are being disposed of by this common order.

(2.) Brief facts are that disputes arose between the parties out of the Contract No. 125110/738 -41 dated 17.5.1988 regarding the work of construction of Temporary Type "B" quarters at Simblue Block No.39 to 50 (Package B) Chamera, Hydro electricity Project and as per the terms and conditions of the contract between the parties, the disputes were referred for arbitration. They arbitrator made the award dated 12.7.1996 in the matter. The claimant filed a\ application under Section 14 of the Arbitration Act, 1940 (here after referred to as the old Act) being OMP(M) No. 13 of 2000 for getting the award filed and making it a rule of the Court. As a consequence, the arbitrator filed the award which was registered as civil suit No.30 of 2000. Respondent filed objection petitioner under Section 34 of the Arbitration and conciliation act, 1996 (hereafter referred to as the new Act) against the award which has been registered as OMP 559 of 2000. The claimant contested the objection and filed reply to the objection petition.

(3.) Similarly, disputes arose between the parties out of the contract No. 125110/1093 -96 dated 1.6.1988 for the works of (a) construction of Permanent Type "C) quarters at Simblue Block No. 1 to 5 (20 Units) Package C -l and (b) construction of Permanent Type "D" quarters at Simblue block 1 to 3 (3Units) Package C -2 Chamera Hydro electricity Project. The disputes were referred to the arbitrator as per the terms and conditions of the agreement. In this matter, the arbitrator made his award dated 12.7.1996. The claimant filed a application under Section 14 of the old Act being OMP (m) No. 14 of 2000 for filing the award in the Court and making it a rule of the Court. As a consequence, the arbitrator filed the award which has been registered as Civil Suit No.34 of 2000. The respondent filed objections under Section 34 of the new Act against the award which have been registered as OMP No.497 of 2000. The claimant contested the objections and filed reply to the objection petition.