LAKHMIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is under Section 39, Arbitration Act, 1940, by the plaintiff.

(2.) THE facts and circumstances giving rise to this appeal are these: THE plaintiff entered into a contract (vide Ext. 6) with the Government of India for strengthening taxitracks and approaches at job No. 170, Bihta Aerodrome. THE estimated cost of the work was nearly Rs. 6,64,765. THE entire work could not be done and the plaintiff submitted a claim, amounting to Rs. 90,508 on 20th April, 1945 (Ext. 5). THE claim was not accepted and the matter was therefore referred to arbitration. Mr. Sethi, Superintending Engineer of Delhi Aviation Circle was the sole arbitrator. THE plaintiff alleged that the award given by the arbitrator had not been filed in Court nor had it been made a rule of the Court. THE plaintiff, therefore, applied under Section 33 of the Arbitration Act before the Subordinate Judge First Court, Patna,' and prayed for the following reliefs:

(3.) ISSUES Nos. 1 to 4 have been decided in favour of the appellant. But the plaintiff has been non-suited by virtue of the decision of the Court below on issues Nos. 5 and 6.