NARESH KUMAR SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of the objections filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 for setting aside the Award dated 25.2.2006 made by the Arbitrator-cum- Superintending Engineer, Arbitration, HP, PWD, Solan.

(2.) BRIEFLY stated the facts of the case are that the parties had entered into an agreement under which the petitioner/objector had agreed to execute the work of "Extension of Hockey and Football ground in Multi purpose ground at Luhnu Bilaspur (H.P.)". It was alleged by the petitioner that the work was duly executed by him to the satisfaction of the respondents and it was completed in December, 2000. However, the payments were not made and as dispute had arisen relating to the amounts claimed for the work done and the damages sustained, the petitioner involved the arbitration agreement and sought reference of the dispute to the arbitration. However, the Chief Engineer failed to appoint an Arbitrator and a request was made to the Hon'ble Chief Justice of High Court of Himachal Pradesh for appointing an Arbitrator. The said request was allowed in Arbitration Case No.14 of 2004 and the matter was referred to the sole arbitration of the Superintending Engineer, Arbitration Circle, HP PWD, Solan. Before the Arbitrator the petitioner preferred the following claims :

(3.) AFTER conducting several hearings the Arbitrator Tribunal made an Award on 25.2.2006 and a copy of this award was received by the petitioner on 4.3.2006. The petitioner prayed for setting aside the award on the grounds that the award made by the Arbitrator is against law and facts. The objections were raised by the petitioner in regard to the following claims :-