H.K.SAREEN Vs. STATE OF H.P.

JUDGEMENT

(1.) The facts giving rise to these proceedings are that the tenders, for the work of construction of Bus Terminus -cum -Parking Complex at Shimla (Construction of Ground Floor and Mazzanine Floor Building portion only), were invited. The claimant Shri H K. Sareen, Contractor having submitted the lowest tender, the said work was awarded to him by respondent No, 2 -Executive Engineer, Shimla Division No. 1, H. P. PWD. In consequence of the same, Agreement No. 30 of 1987 -88 was executed between the department and the said Contractor.

(2.) As per the terms of the agreement, the time allowed for completion of work by the Contractor was one year, which was reckoned from the 15th day of the issue of the award letter, i e., 21st October, 1987. The Con -tractor, however, completed his work on 3!st May, 1990 During the execution of the work by the Conti actor, as also after its completion, a dispute arose between the department and the contractor regarding disposal of earth, and on account of extra height for the centering and shuttering together with additional payment for deviated items. Thereupon the contractor, invoked arbitration clause, being clause No. 25 of the contract Agreement. In consequence thereof, an Arbitrator was appointed by the Chief Engineer (South) to adjudicate the claims of both the parties,

(3.) The claimant/contractor filed his claims with the arbitrator on 7th June, 1993, while the respondent Executive Engineer filed defence statement on 23rd June, 1993. Ultimately, the Arbitrator Shri S. S. Juneja, Superintending Engineer, Arbitrator, H. P. PWD, Solan announced his award dated 29th June, 1994 and thereby he awarded a sum of Rs. 4,87,827 in favour of the claimant/contractor to be paid by the Executive Engineer (respondent) in full and final settlement of the claims and counter -claims of both the parties in respect or the said work and under the said agreement. The original award was sent to this Court, to be made the rule of the Court under section 14 of the Arbitration Act, 1940 (hereinafter to be referred to as the Act)