CENTRAL COALFIELDS LTD Vs. MAHABIR CONSTRUCTION COMPANY RANCHI

JUDGEMENT

(1.) ADMITTEDLY , an agreement was executed between Central Coalfields Limited and Mahabir Construction Company on 3.3.1984, relating to earth work and excavation and levelling for railway siding at Danea, for a sum of Rs. 1,04,000/ - or such other sum as may be arrived at under Clause 9 of the specification relating to payment by items measurements at unit passage. The contractor was already paid Rs. 1,17,640/ - and according to Central Coalfields Limited, no balance amount was paid.

(2.) THE contractor raised certain claims and disputes, which were referred to the sole arbitrator. Arbitrator gave un -reasoned award dated 10.4.1992 and directed Central Coalfields Limited to pay a sum of 1,93,064.36 paise with interest @ 18% per annum against claim No. 1 and interest @ 12.5% per annum from July, 1984 to January, 1987 against claim No. 2, as also a sum of Rs. 20,000/ -against claim No. 3.

(3.) IN the impugned order dated 20.7.1993, the Special Subordinate Judge I considered the aforesaid objection, under Section 30 of the Act and found that the work in question was not estimated at the time of tender. Further, it was admitted position that the contractor had done the work more than the tender work on the basis of the agreement executed between the parties. The rate of work was already entered into the agreement. He claimed the amount on the basis of Measurement Book, as the additional works done by him were already measured by the employees of the Central Coalfields Limited and were duly entered in the Measurement Book.