RAM SARUP KHETAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 7.6.86 of the Subordinate Judge, Khagaria, passed in Title Suit No. 50 of 1965. partly dismissing the suit of the appellants.

(2.) THE appellants tiled Title Suit No. 50 of 1965 in the Court of Subordinate Judge, Khagaria under Section 20 of the Arbitration Act, for directing the defendants to file deed of agreement no. 25F -2 of 1960 -91 executed between the parties on 21.2.60 and refer the dispute to an independent Arbitrator and further to make the award as Rule of the Court.

(3.) THE case of the appellants is that 61 tenders were invited for construction of N.H. 31 Kurasela Section Group D from mile post 32 to mile post 38 in the year 1960 -61. The tender of the appellants was accepted on 21.2.61 and agreement no. 25F -2 of 1960 -61 was executed between the parties. The appellants completed the works but the respondents did not make payment and, therefore, they filed suit for referring the matter to an Arbitrator. On 23.12.66, the Court appointed the Superintending Engineer of the Circle as sale Arbitrator and referred the dispute to him. He did not submit the award within the stipulated time and, therefore, one Janardan Prasad, Advocate was appointed Arbitrator in his place on 6.3.80. The Arbitrator after considering the matter filed his award on 18.10.85.