MOTI LAL Vs. STATE OF HIMACHAL PRADESH

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 Januray, 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 held 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.) Vide his letter dated 9-9-1994, Arbitrator submitted the Award to the Court and sent its copy under certificate of posting to the parties. Matter came up before the court on 30-12-1994 when notices were ordered to be issued to the parties. From the record it appears that the defendant had preferred objections to the award in question after the receipt of the intimation of filing of the award by the Arbitrator vide his letter dated 9-9-1994 and consequently, objections under Sections 30 and 33 of the Arbitration Act were filed on 4-10-1994 in the Registry of the Court which have been registered as OMP No. 633 of 1994. After the objections have been replied to by the plaintiff, rejoinder was filed by the defendant and on 29-6-1995. Following issues were framed by this Court on 29-6-1995 :