AJANTA CONSTRUCTION COMPANY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE two appeals have been heard together as party thereto are same and the question to be decided is also common and are being disposed of by a common judgment.

(2.) M /s Ajanta Construction company filed Title Suit No. 57 of 1990 under Section 20 of the Arbitration Act, 1940 (here in after referred to as 'the Act ') for directing defendants 2 to 5 to file agreement no. 4F -2 of 1981 -82 in the court and to refer the disputes of the parties relating thereto, to the arbitrator, appointed by court.

(3.) PLAINTIFF filed another Title Suit no. 57 of 1990 under Section 20 of the Act for reference of disputes in respect of Agreement no. 1F -2 of 1984 -85. This claim also related to additional work done beyond the scope of agreement on the sanctioned schedule rate of the area when the work was done. Department did not decide the claims and plaintiff received payment under protest on 4.7.1987 and 10.7.1987.