CENTRAL COALFIELDS LIMITED Vs. GAURI SHANKAR SINGH RAMASHANKAR

JUDGEMENT

(1.) BOTH the appeals are taken up together for hearing as the subject matter are some and are being disposed of by this common order.

(2.) A tenant was invited by the appellant on 10.4.1980 for construction of residential quarter at Jayant Colliery and the respondent submitted his tenant which was accepted after negotiation and work order was issued on 27.9.1980 and the agreement was duty executed between the parties on 29.9.1980. As per the stipulation, the work was required to be completed by the respondent within a period of 24 months from the date of handing over of the site but the work could not be completed within the stipulated time as further specifications and some more extra works were included which were presumably as per the agreement and then the difference arose between the parlies with regard to higner payment for Petrol, Oil and Lubricants (hereinafter to be referred to as 'P.O.L.'); and materials other than steel. As per arbitration clause of the agreement, 'pie. dispute was referred to Shri S.C. Jauhari, Deputy Director, Town and Country Planning, Government of Madhya Pradesh, Singrauli, the sole arbitrator for arbitration, in accordance with arbitration clauses mentioned in the agreement between the parties. The terms of reference was specific in the following manner:

(3.) THESE two appeals have been preferred by the appellant Central Coalfields Limited, Darbhanga House, Ranchi, one against the decision of Miscellnious Case No. 89 of 1985 and the other against the disposal of Arbitration (Title) Suit No. 244 of 1985. On the basis of the decision of the above mentioned miscellaneous case and practically the subject matter of these appeals are the same and similar.