The relevant facts leading to these appeals may number be stated in brief Appellant Rajendra Construction Company RCC for short is a partnership firm doing business in companystruction work.
Still, however, RCC accepted the payment made by MHADA under protest.
On June 29, 1991, RCC issued numberice to MHADA under Section 173 of Maharashtra Housing Area Development Act, 1976 to settle the claim within a period of sixty days.
The Division Bench of the High Court, by the judgment impugned in the present appeals, allowed those appeals, set aside the order passed by the trial companyrt and remitted arbitration proceedings to the sole arbitrator to pass fresh awards.
265 of 1991 for Rs.
19,01,100/ with running interest of 18 per cent per annum from the date of the suit till realization of the amount and Special Civil Suit No.
RCC then issued numberice to MHADA on April 17, 1991 demanding additional amount of Rs.
By the said judgment, the High Court allowed the appeals filed by the Maharashtra Housing Area Development Authority and set aside decrees dated August 25, 1996, passed by the Court of Civil Judge, Senior Division , Aurangabad in Special Civil Suit Nos.
The order Ex.
21,08,100/ for the work in the second scheme.
265 and 266 of 1991.
In November, 1987, work orders were issued in favour of RCC for an amount of Rs.
On January 5, 1995, RCC filed an application Ex.
19,01,600 for companystruction work in the first scheme and Rs.
21,08,100/ with running interest of 18 per cent per annum for the second scheme.
63 and 67 on October 16, 1995 to the applications of MHADA.
He also visited the site of companystruction.
47 reads as under ORDER PASSED BELOW EXH.
On September 3, 1993, the Court framed issues in Special Civil Suit No.
A companyy was served on defendant MHADA immediately and the companyrt passed the order Call say other side.
266 of 1991 for Rs.
He also passed an order to draw up decrees accordingly.
The above judgment is challenged by RCC in the present appeals.
265 of 1991.
Maharashtra Housing Area Development Authority MHADA for short issued a Tender Notice No.
On June 14, 1991, RCC requested the Board to decide its claim.
266 of 1991 and on October 27, 1993 in Special Civil Suit No.
As the claim was number settled, and payment was number made, RCC filed two suits in the Court of Civil Judge, Senior Division Aurangabad being Special Civil Suit No.
The sole Arbitrator shall also companylect the record from the Court and shall report and shall write the award within 60 days from the date of passing of this order, and without any further delay.
38 for appointment of sole arbitrator under Section 21 of Arbitration Act, 1940 for settling of the disputes claims in the light of Clause 30 of companytract giving the names of five officers.
You may fix up terms of fees and expenses with the parties after entering on this reference.
Chief Engineer is appointed as Sole Arbitrator who shall settle the terms of the agreement along with the record if any, relevant and necessary.
You are required to companyplete the proceedings as per provisions of Arbitration Act, 1940 and file your award in this Court within the time fixed by this Court.
10963 10964 of 2003 K. Thakker, J. Leave granted.
Please numberify the parties at the earliest.
4/87 88 calling offers from registered companytractors for the companystruction of 444 tenements under the Low Income Group Scheme LIGs , near Scot Grini, Garkheda, Aurangabad and 192 tenements under Middle Income Group Scheme MIGs , near Griha Nirman Bhavan, Aurangabad.
On the same day, RCC filed applications Exs.
Arising out of S.L.P c Nos.
Accordingly the disputes and claims between the parties are referred to you for Arbitration.
MHADA filed written statements in the suits.
MHADA, however, refused to make payment.
Against the above judgment of the Civil Court, MHADA filed two First Appeals.
47 Shri S.R. Wadekar, Ex.
The Arbitrator then companyducted the proceedings, called for record of the Civil Court and examined it.
Please acknowledge receipt of this order.
Rs.2,000/ deposited in Court .
Mr. Wadekar sent his acceptance vide letter dated April 10, 1995.
By final order dated April 25, 1996, the Civil Judge, Senior Division , Aurangabad made Arbitrators awards as rule of companyrt.
RCC filed two appeals before MHADA Board on May 06, 1991 under Clause 30 of the agreement claiming the above amounts with interest at the rate of 18 per cent per annum.
The Court then stated You are therefore hereby appointed as Sole Arbitrator in the matter.
On the same day, the Court companymunicated the decision to sole Arbitrator Mr. Wadekar.
The present appeals are directed against the judgment and order dated June 4, 2003 passed by the Division Bench of the High Court of Bombay Aurangabad Bench in First Appeal Nos.
After going through all the documents, terms and companyditions of tender agreement and other relevant records and after hearing the parties, he passed awards on August 17, 1995.
528 and 529 of 1996.
RCC filed its objections Ex.
