MIR FAIZ HUSSAIN Vs. STATE

JUDGEMENT

(1.) Respondents admittedly have allotted various works from the year 1979 to the firm M/S Mir Ghulam Hussain Contractors, of which Mir Ghulam Hussain (deceased) was proprietor who is survived by the present appellants. For allotted nine works, firm was required to use 'Deodar' poles (timber logs). The works have been executed.

(2.) Respondents adopted the formula for measurement as G2/16xL which is known as 'quarter girth formula'. Under the said method the girth of each pile is measured at three different places i.e. top, centre and bottom. The appellant firm had requested the respondents to use different formula for measurement as the quarter girth formula was not the correct formula, which was not acceded to. In the meantime, the records of the respondent department gutted in the fire. The appellant firm invoked the arbitration clause of the agreement vis-a-vis all nine works.

(3.) Government vide its order No.131-HYD of 1999 dated 11.8.1999 referred the dispute as arose to the Arbitrator, namely, Mr. Justice A. Q. Parray (Retired). The arbitral proceedings relatable to all the works arising out of Arbitration Petition Nos. 38/94, 39/94, 40/94, 41/94, 42/94, 43/94, 44/94, 45/94 and 46/94 culminated in filing of the award dated 14th of September, 2002, same was objected by the respondents, based on which the Court framed the following issue: