STATE OF RAJASTHAN Vs. GODHARA CONSTRUCTION COMPANY

JUDGEMENT

(1.) Instant miscellaneous appeal has been preferred by the State of Rajasthan against the impugned judgment dtd. 30/8/2008 passed by the Court of Additional District and Sessions Judge (Fast Track) No.7, Jaipur City, Jaipur in Civil Misc. Case No.41/2008 (383/2007) (hereinafter referred to as 'the court below'), whereby objections filed by the appellant-State of Rajasthan under Sec. 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') against the arbitral award dtd. 29/7/2000 has been rejected.

(2.) Brief facts leading to this appeal is that a work contract was given to the respondents for renewal work of pever and Hot Mix plant in 14 Km. Length in between Kms. 100 to 149 (in Kms. 101/0 to 104/0, 132/0 to 136/0, 141/0 to 146/0 to 149/0) on Agra Road, NH-11 for which Agreement No.26, year 1993-94 was executed between the parties. There was an arbitration clause in this Agreement to resolve the dispute. During the progress of the work, dispute arose between the parties. Then the respondents submitted application before the District Judge under Ss. 10 and 11 of the Act of 1996, who appointed an arbitrator vide order dtd. 28/8/1998 to resolve the dispute. After hearing both sides, the Arbitrator passed an award of Rs.4,33,161.79 with interest @ 18% from 25/4/1997 till its actual payment vide award dtd. 29/7/2000. And the copy of this Award was forwarded to Chief Engineer, PWD (National Highway), Jaipur.

(3.) When the award was not satisfied, the respondents submitted an application before the Court of District Judge, Jaipur for passing a decree in terms of the award dtd. 29/7/2000. When the notices of this application were served upon the appellant-State, the appellant submitted objection on 22/2/2001 by filing reply of the aforesaid application in respect of the award dtd. 29/7/2000. Since there was delay in filing objections, hence an application under Sec. 5 of the Limitation Act was submitted for condoning the delay.