STATE OF RAJASTHAN Vs. MODERN CONSTRUCTION CO. LTD.

JUDGEMENT

(1.) THIS misc. appeal under Section 39 of the Arbitration Act, 1940 has been filed against the judgment dated 7.11.1970 of the learned District Judge, Kota in Civil Misc. Case No. 157/1967 by which the application submitted under Section 30 of the Arbitration Act for setting aside the award dated 3.11.1967 filed by the State of Rajasthan has been dismissed.

(2.) THE facts in brief are that the respondent -Company entered into a contract with the appellant -State for construction of the Rana Pratap Sagar Dam at Rawatbhata in District Chhitorgarh in Rajasthan. The work of the Dam was completed on or about 31.12.1966. However, there were certain disputes which came to be referred to the sole Arbitrator under the orders of the Hon'ble Governor of the State of Rajasthan dated 25.8.1964.

(3.) THE learned District Judge on the receipt of the aforesaid objections and their reply framed the following issues: