RAKHA SINGH Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) BY means of this petition, Objector has questioned the award passed by the Arbitrator on 06.09.1996. The whole thrust of the objections is that the Arbitrator has mis -conducted himself as well as the proceedings by allowing pendente lite interest, that too at the rate of 15 per cent per annum from the date when first Arbitrator entered upon the reference, i.e., 16.04.1979. A perusal for the objections indicates that those revolve around the power of Arbitrator to have allowed the interest. Alternate plea set up is that it could not have been allowed at a higher rate than the one as claimed by the Objector. In order to properly understand the case few facts need to be noticed, which gave rise to the present proceedings.

(2.) AN agreement was entered upon between the parties to this Lis on 15.11.1972 regarding "Excavation of Concrete Dam Non Overflow Blocks No.1, 2 and 2 1/2 at Dhyangarh." Work was executed by the Non -Objector. However, disputes arose between the parties in relation to agreement above referred. Therefore, non -objector called upon General Manager, Salal Hydro Electric Project, Jyotipuram, for referring the disputes between the parties for adjudication as well as for appointment of an Arbitrator in that behalf. This prayer of the non -objector was allowed on 17.03.1979, one Mr. Prithipal Singh, Superintending Engineer was appointed as Arbitrator.

(3.) THE above -named Arbitrator entered upon reference on 16.04.1979. After having entered upon the reference, proceedings were undertaken by the said Arbitrator and finally on 15.04.1983, he made and published his Award, which came for being made a rule of the Court before this Court. Both the parties filed objections against this award of the Arbitrator and by means of Judgment dated 22.04.1987 in A. A. No.123 of 1983, the award was set aside. While setting aside the award, this Court directed the General Manager, Salal Hydro Electric Project for appointment of another Arbitrator with a view to adjudicate the disputes between the parties.