ANIL KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE Appellant was Plaintiff and is aggrieved by judgment and decree dated 27.12.2007 passed by Learned District Judge Kangra at Dharamshala in Civil Appeal No. 81 -D/XIII/2006 partly reversing the judgment/decree dated 17.3.2003 in civil suit No. 25 of 2002 passed by Learned Sub Judge(1) Dharamshala.

(2.) THE facts in brief are that the Appellant had filed a suit for declaration that Plaintiff is entitled to the payment on account of escalated amount under Clause 10 -C of the agreement/contract No. 59 of 1991 -1992 between Appellant and Respondent No. 3 with regard to the work of National Highway -20 along with interest at the rate of 18% per annum from 1.1.1996 till realisation. It has been alleged that Respondents have arbitrarily and illegally 1 Whether reporters of Local Papers may be allowed to see the Judgment? Yes withheld the amount of the Appellant. In the suit mandatory injunction was also prayed directing the Respondents to make the payment with interest.

(3.) THE Respondents also pleaded that Appellant had earlier moved an application before the Arbitrator preferring his claim under Clause 10 -C which was rejected on the ground that the same was not arbitrable and the award was made rule of the Court on 15.2.1999. The Appellant is not entitled to claim under Clause 10 -C after the rejection of the claim by the arbitrator.