STATE OF RAJASTHAN Vs. JAIN CONSTRUCTION COMPANY

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and decree dated 15.02.1999 passed by the learned Additional District Judge No. 2, Udaipur in Civil Misc. Case No. 10/1997 whereby the award dated 14.11.1996 passed by the Arbitrator was made rule of Court. The present appeal was listed for hearing on several occasions, however, none was present on behalf of the appellants and this Court vide order dated 26.02.2013 observed that the appeal is getting listed on every hearing day since January 2013, however, no one cared to appear on behalf of the appellants.

(2.) LEARNED counsel for respondent has submitted that from last several occasions, no one has been appearing on behalf of the appellants and, therefore, prayed that the matter may be heard on its merit.

(3.) BRIEF facts of the case are that the respondent -firm is a partnership firm which entered into a contract with the appellants valuing 18.30 lacs pertaining to a work for development of tribal area. The respondent -company raised a dispute before the Arbitrator regarding the non -payment of certain dues in respect of works done by company. The matter was referred to the Arbitrator as per the conditions of agreement.