STATE OF RAJASTHAN Vs. HEERA SINGH

JUDGEMENT

(1.) The State has come up in this civil misc. appeal against the order dated 2-4-1998 passed by the District and Sessions Judge, Karauli whereby the award given by the Arbitrator has been made a rule of law. The challenge is made on the ground that the Court where the Arbitration award had been filed under the Act had not issued any notice to the State and, therefore, the mandatory provisions to allow the present appellant to file the objections have been violated.

(2.) The facts as stated are that the Arbitrator had passed an award on 17-8-1995 in favour of Heera Singh Contractor, the respondent for the claim of Rs. 11,68,837/- for the work actually executed and loss occurred to the respondent because of certain alleged unauthorised and illegal action of the State. The Arbitrator had also awarded interest @ 18% from 1-7-1988 to 31-8-1995.

(3.) It is alleged that the objections were filed on the ground that same matter was also pending in the Civil Court and, therefore, no arbitrations could be held. The other objections inter alia were that there was a difference in the claim and the suit filed by the respondent and that the Arbitrator could not have enlarged the term of arbitration.