BALVINDER KUMAR GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Shri Balwinder Kumar Gupta, Contractor, Shimla I (hereafter referred to as the Plaintiff -Non -Objector) and the State of Himachal Pradesh (hereafter referred to as the defendant -objector) entered into an agreement No. 23 of 1985 -86 for the work of providing and laying Asphaltic on Kalka -Shimla road Km. 105/175 to 115/0. This was an item rate tender, which was awarded to the plaintiff -non -objector at the rate of 22.71% above the estimate rates put to tender The letter of award ; was given to the plaintiff/non -objector on 6th December, 1985. The time period for completion of the work was stipulated in the agreement as one year and it was to be completed by December 21, 1986.

(2.) During the operation of the contract agreement, certain disputes arose between the parties and Shri J. R. Kainth, Superintending Engineer, Arbitration Cell, Solan was appointed as Arbitrator by the Engineer -in - Chief, HP PWD, Shimla in pursuance of Clause 25 of the said agreement.

(3.) Shri J. R. Kainth on his promotion, resigned from arbitratorship and a vacancy fell. In his place Shri R. P. Malhotra, Superintending Engineer, HP PWD was appointed as such. He gave his award on August 3, 1991 which was filed before this Court on 5th September, 1991 for making it a rule of the Court which was registered as Civil Suit No. 88/91. Notices were served on both the parties. The defendant -State assailed the impugned award by filing objections under sections 30 and 33 of the Arbitration Act, 1940 within the stipulated period. The same has been registered as O. M. P. No. 2 of 1992.