RAMSWAROOP AND SONS Vs. UNION OF INDIA

JUDGEMENT

(1.) This civil miscellaneous appeal has been filed under Section 39 of the Indian Arbitration Act, 1940, read with Section 96, C.P.C. against judgment and decree dated 30.11.1998 passed by District Judge, Udaipur in Civil Misc. Case No.130/95, whereby, learned District Judge has made the award dated 10.07.1995 passed by the sole Arbitrator (respondent No.2) as Rule of Court by allowing application under Section 14 of the Arbitration Act filed by respondent No.1.

(2.) As per brief facts of the case, contract agreement was entered into in between the appellant and respondent No.1 on 03.06.1988. Appellant firm completed major part of the work as per agreement and a small part was left over but the Union of India (Chief Engineer) cancelled the contract unilaterally on 12.07.1994 and dispute arose in between the parties regarding the left over work and Union of India wanted to get the left over work completed at the risk and cost of the contractor.

(3.) As per terms and conditions of the contract agreement, the dispute was referred to the sole Arbitrator and Mr. S.K. Rao, CSW was appointed as the sole Arbitrator for adjudicating the claim of the Union of India. The Arbitrator finally passed award on 10.07.1995 in favour of Union of India and allowed the following claim in favour of the Union of India : <FRM>JUDGEMENT_235_TLRAJ0_2010Html1.htm</FRM>