SHRI MOTI LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) BRIEF facts giving rise to this case are that the State of Himachal Pradesh entered into an agreement for construction of 16.50 mtrs. effective span RCCT -Beam bridge over Bhatka Nallah on Bodh Chakki Dhar road Km. 52/825. After the tender submitted by the plaintiff non -objector for the said work had been accepted by the department, agreement No. 20/1987 -88 was entered into. The agreement/contract was for Rs. 5,71,234.20 and the date of the completion as per agreement was 8 -6 -1988. However, is not disputed between the parties that this time was extended, from time to time till January, 1990.

(2.) SINCE disputes had arisen between the parties, plaintiff claimed reference of disputes and Chief Engineer (North), H.P. P.W.D. Dharamshala vide his letter dated 9 -3 -1993 appointed Superintending Engineer, Arbitration Cell, H.P. P.W.D., Solan as sole Arbitrator to decide and make award regarding the claim and counter -claim between the parties in respect of the said work. Arbitrator entered upon the reference on 1.6.1993 and finally made his award on 25.6.1994, whereby a sum of Rs. 1,01,766/ - in all has been brief payable by the defendant in favour of the plaintiff in full and final settlement of all his claim and counter -claim of both the parties with respect to the contract in question.

(3.) AS per order of the court dated 29 -6 -1995, parties were directed to produce evidence in the form of affidavit(s). On the aforesaid issues, the plaintiff filed his own affidavit and the defendant has filed affidavit of Shri J. S. Katoch, Executive Engineer, Nurpur Division, H.P. P.W.D., Nurpur.