STATE OF RAJASTHAN Vs. TRILOK CHAND THEKEDAR

JUDGEMENT

(1.) This appeal has been filed by the State of Rajasthan by which challenge to the award dtd. 29/2/2000 passed by the sole Arbitrator as well as the order dtd. 23/5/2002 passed by the Court of learned District Judge, Kota (Raj.) has been made.

(2.) Brief facts necessary for adjudication of the matter are that the appellants invited tenders for construction of 13 km of road in Kota vide their notice dtd. 22/5/1995 and as per the Notice Inviting Tenders (for short, 'the NIT') tenders were opened on 22/7/1995 and the tender submitted by the respondents were found to be lowest and the same was accepted. The project was supposed to commence from 8/12/1995 and completed by 7/12/1997. When the work was not completed within the stipulated time and the payment was not released then a dispute arose between the parties and the matter was referred to the Arbitrator for settlement of the dispute as per the terms of contracts/agreements executed between the parties. The respondents submitted a statement of claim, claiming an amount of Rs.79,18,229.00. The appellant-State submitted its reply to the statement of the claim along with counter-claim for liquidated damages for the work not completed by the respondents. It was pleaded in the counter-claim that around 70% of the work was done by the respondents and the rest of the work was completed by some other agencies, hence the loss was caused to the respondents.

(3.) After considering the documents, statement and the counter -claim, the Arbitrator passed an award of Rs.7,22,699.00 in favour of the respondents with an interest @ 18% till the date of decree or till the date of payment of actual amount, whichever is earlier.