STATE OF RAJASTHAN Vs. V CONSTRUCTION

JUDGEMENT

(1.) THIS appeal has been filed under Section 37 of the Arbitration and conciliation Act 1996 (hereinafter referred as the Act of 1996) against the judgment dated 21.02.2013 passed by District Judge, Baran in civil misc. case No. 55/2011 titled as State of Rajasthan v. M/s. V. Construction Kota by which the objections filed by the appellant under Section 34 of the Act of 1996 were dismissed by that court.

(2.) IT has been argued by the appellant that the Learned District Judge, Baran has rejected his objections without giving any reasons. It has also been argued by the appellant that the lower court/arbitrator has arbitrarily ignored the statements of witnesses Gopal Lal Mathur and Mukesh Meena. It has also been argued that the lower court/arbitrator has arbitrarily relied upon the statement of a handwriting expert who was not even registered for this purpose. It was also argued by the appellant that the lower court/arbitrator has arbitrarily mis -interpreted the clause 32 of the agreement and it has wrongly held that at the time of withdrawing of work, the concerned Executive Engineer was having budget of Rs. 52.59 Lakhs and the jurisdiction of the work was also with the concerned Executive Engineer who granted the work order in favour of the claimant. It was further argued that the arbitrator has wrongly awarded the compensation to the tune of Rs. 5 Lakhs under Section 74 of the Contract Act which was not applicable in the case of claimants.

(3.) HERE following important rulings deserve to be mentioned: - -