STATE D BIHAR Vs. HARI NARAYAN DWIVEDI

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 31.05.2006 passed by the Subordinate Judge-I, west Singhbhum at Chaibasa in Misc. Case no. 13/2005 by which the award passed by the Arbitrator in favour of the respondent for a total sum of Rs. 6,79,500/- plus future interest has been upheld.

(2.) From the materials on record it appears that the respondent had been awarded a contract for the construction of residential building of Medical Officer and T.D. Quarter at Chotanagra in the district of West Singhbhum which was to be completed within a period of one year and for this purpose, an agreement also had been executed between the appellant-State of Bihar (now Jharkhand) and the respondent-Contractor.

(3.) It is stated that the work under the contract was started on 10.02.1992 and in course of execution of the contract certain demands were made by the respondent-contractor but finally a dispute between the appellant-State and the respondent-contractor arose due to which the matter was referred to an Arbitrator in pursuance to the agreement which admittedly envisages a provision for appointment of an Arbitrator in view of existence of a dispute.