EXECUTIVE ENGINEER, HIMUDA Vs. M K MIGLANI

JUDGEMENT

(1.) Objector-H.P. Housing and Urban Development Authority (hereinafter referred to as HIMUDA) has taken exception to the award dated 17.4.2009, passed by Shri T.L. Sharma, Engineer-in-Chief (retired) in favour of respondent Shri M.K. Miglani (hereinafter referred to as the contractor).

(2.) In brief, facts are that vide letter dated 1.1.1996, contractor was awarded work for construction of 48, Type-A flats, Blocs No.41 and 42, in Residential Complex below Bishop Cotton School (BCS), Phase-2, Shimla. Though the estimated cost of the work was Rs. 24,25,293/-, but however the tender amount was Rs. 59,10,959/-. Work was to be completed within nine months, i.e. before 15.10.1996.

(3.) It is not in dispute that the Arbitrator entered reference prior to 30.10.1999, on which date contractor filed his statement of claim, in which HIMUDA filed its counterclaim. It is also not in dispute that during pendency of the proceedings, arbitrator allowed the parties to revise their claims/counter-claims on different dates. Claims/counter claims, original and revised, are shown in a tabulated form as under: