UNION OF INDIA Vs. VISHWANATH SUD

JUDGEMENT

(1.) THIS and the connected first appeal are directed against the judgment and order dated Dec. 3, 1974 of our brother Thakur disposing of objections against an arbitration award.

(2.) THE appellant Government entered into a contract dated June 20, 1968 with the respondent, Vishwa Nath Sud, a building contractor for the construction of a Farmers' Community Centre at Thanedhar at a cost of Rs. 2,40,000/ . A dispute having arisen between the parties in regard to the execution of the contract, it was referred to the sole arbitration of the Superintending Engineer, Shri R. K. Sarkar, under Clause 25 of the agreement. The contractor filed a claim for Rs. 1,28,000/ before the Arbitrator, and the Government filed a counter claim. On March 20, 1972 the Arbitrator made his award. The contractor was awarded Rs. 31,932/ and the Government Rupees 21,504/ on their respective claims.

(3.) THE Government has now filed First Appeal from Order No. 6 of 1975, while the contractor has filed First Appeal from Order No. 8 of 1975.