LAWS(HPH)-1981-7-9

SUBRAJ AND COMPANY Vs. STATE OF HIMACHAL PRADESH

Decided On July 22, 1981
SUBRAJ AND COMPANY Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) The plaintiff, Subraj and Company is a contractor the defendant, Himachal Pradesh Housing Board is a statutory body. The defendant appears to have allotted the following construction works in its Brick Factory, Paonta Sahib to the plaintiff contractor

(2.) Some differences having arisen between the parties with respect to the execution of the aforesaid works, the Chairman of the defendant -Board vide his latter dated 7th September, 1978 appointed Shri S. M. Bhagchandani, Superintending Engineer, H. P. P\VD., as Arbitrator to decide and make an award regarding claims/disputes raised by the plaintiff contractor and also regarding counter claims of the defendant -Board against the contractor subject, however, to their admissibility under clause 25 of the agreements (reproduced above) executed between the parties.

(3.) The arbitrator entered upon the reference and after hearing the parties, he made his award on 23rd April, 1979 in terms of which he directed the defendant -Board to pay Rs. 49,453 to the plaintiff -contractor.