ENGINEERS SYNDICATE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is plaintiff in Title Suit No. 169 of 1991, converted from Misc. Case No. 5 of 1986, which was filed by the petitioner in the court of Subordinate Judge- 1, Muzaffarpur under Section 20 of the Arbitration Act, 1940 (hereinafter referred to as 'the Act' for the sake of brevity) to appoint an Arbitrator to make Award in respect of his claim arising out of his agreement with the defendants bearing no. 58F-2 of 1981-82 for construction and other works enumerated in the agreement for which final bill was submitted with respect to which a dispute had arisen. Ultimately in the said case the disputes were referred to Sri Awadhesh Kumar, retired Chief Engineer, who was appointed Arbitrator under Section 22 of the Act pursuant to the order of the said court dated 2.3.1988 in the said case, whereafter notices were issued to the parties, who appeared and filed their statements and counter statements as well as documentary evidence and also made their submissions before the Arbitrator. Thereafter the said Arbitrator decided the dispute vide Award dated 4th July, 1988 and forwarded the same to the said court in Misc. Case No. 5/1986. On petitioner's objection to the said Award notices were sent to the opposite parties, who filed their rejoinder and prayed that a judgment be passed in terms of the said Award. In the aforesaid circumstances the said Miscellaneous case was converted into a title suit bearing Title Suit No. 169/ 1991, which was decreed on 30.3.1992 rejecting the claim of the opposite parties.

(3.) Against the said judgment and decree of the learned Subordinate Judge-I, Muzaffarpur, the State of Bihar preferred First Appeal No. 159 of 1992, which was later converted into Misc. Appeal No. 245 of 1995, which was dismissed by this Court on 7.2.1996, whereafter the State of Bihar preferred SLP(C) No. 15106 of 1996 before the Hon'ble Supreme Court, giving rise to Civil Appeal....of 1996, which was allowed on 16.8.1996 by the Hon'ble Supreme Court, which set aside the orders of the lower courts and directed the learned Subordinate Judge to dispose of the matter on merits within three months from the date of receipt of that order. It was only thereafter that Title Suit No. 169/1991 revived.