UNION OF INDIA Vs. SHARMA AND COMPANY

JUDGEMENT

(1.) THESE are two connected appeals arising out of proceedings under the Arbitration Act, 1947 (which will hereinafter be referred to as theAct).

(2.) THE facts brought on the record are inadequate, and, therefore, it may not be possible to narrate all the relevant facts giving rise to these appeals. Suffice it to say, that the respondent M/s Sharma and Company entered into a contract with the Union of India far constructing concrete pavements and brick enclosures etc. at Nil, Bikaner. An agreement was duly executed by the parties. It is the common case of the parties that the work was to be commenced on July 10, 1963, and was to be completed on May 9, 1964. There is also no dispute on the point that the work was not completed before the stipulated date The respondent made an application on May 2, 1964, for extension of time to finish the work and extension was granted upto June 9, 1964, but the work was not completed within the extended time. The parties are further agreed that it was actually completed on June 28, 1964, that is, after 19 days of the extended time. This gave rise to certain differences between the parties and, consequently, in accordance with the tetras of the agreement, a request was mule to the Arbitrator Mr. G.R. Mirchandani, Section 1, (Works) Engineer in Chief's Branch, Kashmir House, New Delhi, to decide the points of dispute between them The arbitrator gave his award on September 6, 1967. The relevant portion of the award reads as under:

(3.) THEREAFTER on May 21, 1969 M/s. Sharma and Company made another application under Sections 14 and 17 of the Act praying that the modified award may be made the rule of the court, and, in accordance with the modified award a decree for Rs. 52,817.44 be passed against the Union of India. It appears that even though Shri Dwarka Prasad Joshi appeared on behalf of the Union of India, yet no reply was filed to the application. In fact, nothing was done on behalf of the Union of India. By his order dated 18 -9 -69 the learned Distt. Judge ordered that the modified award dated 15 -5 -1969, be made the rule of the court and a decree be framed accordingly. It was also observed in the order that no arguments whatsoever had been advanced on behalf of the Union of India by its lawyer. Accordingly, a decree for Rs. 52,987.44 was passed against the appellant. Miscellaneous Appeal No. 1 of 1970 is against the judgment and decree dated September 18/26, 1969.