BANGLADESH WATER DEVELOPMENT BOARD Vs. CONTRACTOR, MANU BARRAGE

JUDGEMENT

(1.) This appeal presented by the defendants against the judgment and decree dated 21-11-1999 passed by the Subordinate Judge, 3rd Court, Dhaka in Money Suit No.12 of 1992 decreeing the suit.

(2.) The plaintiff instituted the suit for a decree for a sum of Taka 10,85,53,174,99. The plaint Case, in short, is that the plaintiff is a reputed and experienced contractor. He got the contract for construction of a barrage over river Manu known as Manu Barrage in the District of Moulvi Bazar. The contract was executed on 8-7-1977 and work order was issued thereon. Due to erosion of the river, the site of the barrage was being changed and it remained undecided till 28-9-1977. The work ultimately commenced on 30-12-1977 and completed on 13-6-1981 to the full satisfaction of the defendants. On 5-12-1982 the plaintiff submitted his final bill being No.50 which stood at Taka 16,03,278.00 on account of outstanding dues out of bill Nos. 46-49. The amount having not been paid, on 3-7-1983 the plaintiff made a representation to the Chairman of the Water Development Board. He claimed Taka 32,25,535.00 on account of the difference in the measurement use of U-type sheet piling in place of I-type piling and Taka 69,70,000.00 for excess dewatering. Originally, 90,678 square feet with the depth of 28 feet was to be pumped out.

(3.) Having received no response from the representation made to the Chairman, the plaintiff was constrained to serve a notice upon the defendant on 16-8-1984 under chapter 66 of the contract for appointment of an arbitrator for arbitration of the dispute. He also appointed Mr. SM Shahidullah, an engineer, as an arbitrator from his side. The defendant also appointed an arbitrator. Before the arbitrators, plaintiff placed his claim of Taka 4,16,73,558.85 under different heads plus interest on the said amount at 2,22,00,422.59 in total 6,38,73,980.39.