SHIV KUMAR CHOPRA Vs. BEAS CONSTRUCTION BOARD

JUDGEMENT

(1.) This petition for revision has been directed against the judgment dated 1-9-1992 of the District Judge, Mandi, passed in appeal under Section 39(1) of the Arbitration Act, 1940, against the judgment dated 8-3-1990 of the Senior Sub-Judge, Mandi.

(2.) The work of "construction of structure foundation, cable trenches covers and retaining walls for 132 KV Switchyard at Slapper" was awarded in favour of the petitioner by the respondent - Beas Construction Board vide agreement No. 5/1976 dated 8-12-1976.

(3.) On a dispute having arisen between the parties, the matter was referred to arbitration. Initially vide order dated 3-5-1982 of the Senior Sub-Judge, Mandi, the matter was referred to the arbitration of Shri S. T. Minhas of Dehar Power Circle, Sundernagar. The said arbitrator entered upon the reference but he could not make his award. Therefore, one Shri H. S. Baweja came to be appointed as an arbitrator. He too could not make the award. Ultimately, the Senior Sub-Judge, Mandi, on 22-8-1986 appointed Shri J. R. Kainth, Superintending Engineer (Arbitration), Solan as arbitrator. The said arbitrator after having entered upon the reference made his award on 25-5-1988, whereby a sum of Rs. 42,488/- was awarded in favour of the petitioner. This award was filed in the Court of Senior Sub-Judge, Mandi for being made the rule of the Court.