STATE OF HIMACHAL PRADESH Vs. RAM NARAIN MADAN

JUDGEMENT

(1.) This appeal is directed against judgment dated 8th April, 1997 passed by learned single Judge of this Court whereby the objectors of the appellant -State have been dismissed and the award of the Arbitrator has been made rule of the court. The Arbitrator had given lumpsum aware1 of Rs.5,47,238/ -plus interest at the rate of 12% per annum from 9 7 1985 to the date of realisation of payment or the date of decree whichever is earlier in favour of the respondent -claimant.

(2.) The facts in brief are that vide agreement No.8 of 1981 -82 the work of construction of Civil Hospital building at Una ( Block A) was allotted f o the claimant. The agreement contained arbitration clause i.e. Clause No.25. As usual dispute arose between the parties and the matter was referred trotter Arbitrator for adjudication, who has given u non -speaking lumpsum award dated 8.6.1995 and filed it in this court, which was registered as Civil Suit No.208of l995.

(3.) On the basis of the objections filed by the State, reply of the claimant and rejoinder of the State learned Single Judge has framed the following issues : -