UNION OF INDIA Vs. LAXMI ENTERPRISES

JUDGEMENT

(1.) THIS four appeals have been filed by the Union of India being Jodhpur making the arbitration award in favour of the respondent contractor M/s Laxmi Enterprises, a Rule of Court as required under Section 17 of the Arbitration Act, 1940.

(2.) CMA No. 645/97 has been filed against the order dated 2/6/97 passed by learned ADJ No. 2, Jodhpur in Civil Misc. Case No. 5/97. CMA No. 206/2002 has been filed against the order dated 23/10/2001 passed by Learned ADJ No. 2, Jodhpur in Civil Misc. Case No. 7/97. CMA No. 207/2002 has been filed against the order dated 23/10/200 1 passed by ADJ No. 2, Jodhpur in Civil Misc. Case No. 6/1997 and CMA No. 208/2002 has been filed against the order dated 23/10/200 1 passed by learned ADJ No. 2, Jodhpur in Civil Misc. Case No. 4/97.

(3.) LEARNED ADJ No. 2, Jodhpur has found that the learned arbitrator had partly allowed the claim of the contractor in respect of supply of furniture by him under the contract awarded by the appellant Chief Engineer (Air Force) Ahmedabad Zone and Garrison Engineer, Air Force, Jodhpur on 3 0/4/1994 for a period of six months and supply of furniture was to commence from 2 1/5/2004. The period of contract was extended by the appellant upto 28/2/1995. However, since the contractor failed to supply the said furniture as per the contract within the stipulated extended time, the appellants cancelled the said contract on 20/6/1995. Thus, there arose a dispute between the parties and the matter was referred to the learned Arbitrator in terms of the contract and Lt. Col. V.N. Lingampa was appointed as sole arbitrator, who vide his award dated 12/7/1996 passed the award of Rs. 1,71,750/ - in favour of the respondent contractor.