EXECUTIVE ENGINEER DON CANAL DIVISION Vs. DULAL PODDAR

JUDGEMENT

(1.) THIS Miscellaneous Appeal is directed against the judgment passed by the Sub Judge, I, Bettiah {West Champaran), in Miscellaneous case no. 36 of 1993. The defendants of that case are the appellants here (including the State of Bihar).

(2.) THE facts relevant for this appeal are that respondent Dulal Poddar had admittedly taken certain contracts from the employees of the State of Bihar to execute certain schemes in the Don Canal Division as also in the Triveni Canal Division. The contractor -respondent entered into an agreement and he completed his work by the due time. But he was not paid his dues inspite of completion of his work and inspite of submission of bills in this connection by him. So, the Superintending Engineer of the concerned department was appointed as Arbitrator, but this Superintending Engineer inspite of several requests by the respondent as also inspite of direction by the Chief Engineer failed finally to decide the claims of respondent and to give a final award, although he had given an interim award. Then having failed to seek redressal of his grievances from the department concerned the respondent filed the aforementioned miscellaneous case before the Sub Judge, He prayed for appointment of an Arbitrator. Then Sri P.C.N. Shahi, retired tngineer, was appointed as Arbitrator by the court, who submitted his award dated 15.5.94. The appellants failed to appear before the Artibrator inspite of several notices and, so, the award handed down the Arbitrator was, of course, ex parte.

(3.) ON the above major grounds of defence taken by the respondent before this Court, the impugned judgment of the learned Sub Judge had been sought to be justified.