STATE OF RAJASTHAN Vs. MITTAL & COMPANY

JUDGEMENT

(1.) The present appeal has been preferred to assail the correctness of the order dated 03.04.2017 passed by the learned Additional District Judge No.2, Bikaner in Civil Misc. Case No.101/2015 by which the application under Section 34 of the Arbitration and Conciliation Act, 1996 preferred by the appellant against the award dated 21.07.2009, passed by the sole Arbitrator has been rejected.

(2.) The relevant facts to be noted in the present case are that the State of Rajasthan entered into an agreement with the respondent for manufacturing and supplying 'Pucci tiles' and 'bricks'. For the purpose an agreement No.9 was executed in favour of the respondent No.1 M/s. Mittal & Company for making and supplying of 'Pucci tiles' and bricks at Kiln Burji 1031 R.M.C. As per the terms and condition of the aforesaid agreement, the work was to commence and to be completed by 11.09.1981. A grace period of four months thereafter due to the rainy season was also agreed to be granted and thus, the work was to be completed by 101.198

(3.) A dispute arose between the parties and as per the agreement, the matter was to be resolved through arbitration proceedings and, therefore, sole arbitrator Shri Madan Mahipal, the then Superintending Engineer, Second Stage, Circle-I, I.G.N.P, Bikaner was appointed to settle the claim and the counter claim between the parties. The sole arbitrator on filing of the claim and counter claim and after completion of the pleadings framed as many as 13 issues in the matter. Thereafter vide order dated 21.07.2009 allowed the claim of the respondent while rejecting the counter claim of the appellant State of Rajasthan.