THE EXECUTIVE ENGINEER Vs. JAGDISH CHAND GUPTA

JUDGEMENT

(1.) THIS judgment shall dispose of the objections filed under Section 34(3) of the Arbitration and Reconciliation Act, 1996 by the Executive Engineer, HPPWD, Joginder Nagar, against the award made by the Arbitrator Shri B.S. Parmar on 6.5.2002.

(2.) BRIEFLY stated the facts of the case are that the work for the construction of 25.80 Mtrs. effective span bridge over Khanni Nallah was awarded to the respondent vide letter dated 20.2.1991. Time limit for completion of the work was one year for lump sum cost of Rs. 67.98 Lacs. The work was started by the respondent on 5.3.1991 and was to be completed by 5.3.1992, but it was completed by the respondent/contractor on 27.12.1992. It was further alleged by the objector that due to fault on the contractor, the work was not completed in time. Therefore, the respondent was not entitled to payment of any final bill. The respondent applied for extension of time for completion of work vide his application dated 4.3.1993, conditional extension was given to the respondent with clear stipulation that he shall not be entitled for any escalation for any extended period.

(3.) REPLY to the petition was filed.