STATE OF BIHAR Vs. GOBIND PRASAD AGRAWAL

JUDGEMENT

(1.) This Misc. Appeal has been filed by the appellant State of Bihar and its concerned Officials against the Judgment and Decree dated 17-3-1997 passed by learned Sub-Judge. Chaibasa whereby he has decreed Title Suit No. 9 of 1991 after rejecting objections filed by the defendants /appellants under S. 30 of the Arbitration Act. 1940 and has made the award given by the order dated 31-5-1994 a rule of the Court.

(2.) In view of arguments advanced by the parties in this appeal the relevant facts required to be noticed are as follows :-The plaintiff/respondent is a Government contractor. pursuant to accoptance of his tender or agreement dated 6-3-1981 was entered into between the plaintiff/contractor and the concerned department of Minor Irrigation, Chakradharpour, for a work contract valued at Rs.28,32,709.62 paise. The contractor deposited Rs. 1,41,751/- as security deposit and the work order was issued on 27-3-1981. As per agreement the stipulated date for completion of the work was 30-10-1982. The work could not be completed in time for which either party blames the other. Thereafter a proceeding under section 144 of the Code of Criminal Procedure allegedly causing stoppage of work from May, 1981 to 10-11-1981 was initiated. thereafter the plaintiff/contractor applied for extension of the time which was allowed and the time for complying the contract work was admittedly extended till 30-6-1985. The work could not be completed by then and on 3-9-1985 the contractor applied for closing of agreement and return of the security deposit. Thereafter on 10-12-1985 the plaintiff/contractor sent his claims to which he was allegedly entitled on account of various grounds.

(3.) The case of the plaintiff/contractor is that his claim remained pending with the defendants for decision and he was given no intimation of any decision nor any action was taken to meet his claims and in such circumstances on 2-3-1991 the plaintiff/contractor sent a letter requesting for refund of security deposit and settlement of his final dues. Thereafter he was paid a part of security deposit only on 13-3-1991. Thereafter the plaintiff/contractor sent a noticed dated 21-3-1991 for settlement of his pending case and thereafter on 10-4-1991 he filed Title Suit No. 9/91 in the court below wherein through an application under S. 20 of the Arbitration Act a prayer was made to direct the defendants to file the relevant agreement in Court to refer the disputes/claims contained in annexure-1 to the plaint to Arbitration by any independent arbitrator and for costs etc.