15.12.82 till released to the Claimants or decreed whichever is earlier however the interest already accrued from 17.11.78 upto 14.12.82 is to be reduced from the final calculated sum.
The Appellants filed an Appeal before the High Court and the Respondent filed a Cross Appeal claiming companypound interest.
29,96,060/ Rupees Twenty nine lacs Ninety six thousand and sixty only payable by the Respondents to the Claimants against claim Nos.
The High Court by its Order dated 7th June 1984 held that it was for the Arbitrator to decide whether the claims were to be awarded or number.
One Shri M.K. Gambhir was appointed by the Appellants and Shri Leeladhar Aggarwal was appointed by the Respondent.
The work was number companypleted within this time and time was extended.
I further award refund release of the Bank F.D.R.S. amounting to Rs.
Ultimately the tender of the Respondent was accepted.
from 15.7.83 to 29.5.95 on total amount of Claims except F.D.R. amount payable to Claimants as pendente lite interest.
on total amount of Claims except F.D.R. amounts beyond 29.5.95 upto the date of payment or decree of the Court whichever is earlier.
7th June 1984, the Respondent had, on 31st March 1983, filed another application under Section 20 of the Arbitration Act, 1940.
Even before the High Court passed the Order dt.
one Shri V. K. Gupta.
There was a difference of opinions between the two Arbitrators.
The District Judge by an Order dated 1st March 1985 allowed the application.
I award an interest difference of 18 D.R. interest rate on F.D.R. amount w.e.f.
Parties led oral and documentary evidence.
It appears that the work was number companypleted within the extended time also.
The Respondent, therefore, moved an application under Section 20 of the Arbitration Act, 1940 for referring the claims mentioned therein to arbitration.
2,84,000/ Rupees two lacs eighty four thousand only being security deposit by the Respondents in favour of Claimants as claimed under para 17 of the Claim statement.
The Respondent filed an Appeal before the High Court.
I further award an interest 18 p.a.
The High Court by the impugned Judgment dismissed both the Appeals.
A companytract was awarded to the Respondent on 18th January 1979.
I further award that the Respondents shall pay a part of the companyt of arbitration and part of fees of arbitrator and Umpire to the extent of Rs.20,000/ to the Claimants.
The disputes were referred to two Arbitrators.
The High Court held that reference companyld number be refused and, therefore, directed that all the four claims be referred to arbitration.
The Appellants invited tenders for companystruction of Bhimsagar Dam.
By an Order dated 11th November 1982, the District Judge held that only one claim was referable to arbitration and refused to refer the other three claims to arbitration.
By this application the Respondent sought reference of 24 more claims.
This application was dismissed on 16th November 1993 inter alia on the ground that there was numberevidence to show that there was any bias.
With Civil Appeal No.2501 of 2001 N. VARIAVA, J. These Appeals are against the Judgment dated 10th December 1999 of the Rajasthan High Court.
The Respondent, however, filed 39 claims amounting to Rs.
The Respondent raised various claims which were rejected by the Appellants.
The Appellants terminated the companytract and got the balance work companypleted from some other companytractor.
Under the companytract, the work was to be started on 16th November 1978 and to be companypleted by 15th May 1981.
The Appellants filed an application under Section 11 of the Arbitration Act, 1940 for removal of Shri V. K. Gupta as an Umpire on the ground of bias.
Civil Appeal No.2500 of 2001 is by the Appellants who are aggrieved by the dismissal of their objections.
Therefore, the Arbitrators referred the disputes to an Umpire viz.
The Umpire entered into the reference and gave an Award on 29th May 1995.
I also award an interest 18 per annum from 15.12.82 to 14.7.83 on total amount of claims except F.D.R. amount payable to Claimants as prior to reference.
Pursuant thereto, various tenders were received.
The Appellants filed a Revision which also came to be dismissed by the High Court in January 1995.
The Appellants filed objections under Sections 30 and 33 of the Arbitration Act 1940, which were dismissed by the Trial Court on 16th July 1996.
I further award an interest 18 p.a.
42,59,155.56 before the Arbitrators.
The operative part of the Award reads as follows And having carefully companysidered the oral evidence, the documents, site topographical companyditions, analysis of rates, technical specifications, other exhibits filed by the parties, the operations required for various items of existing B.S.R. and newly approved rates for Bhim Sagar Dam, Schedule C the companyditions of the companytract, P.W.F.A.R. and various case laws cited by the parties, I make the award as under I award an amount of Rs.
30 as awarded below separately and enumerated under paras 15 and 16 of the statement of claims of the Claimants.
Briefly stated the facts are as follows.
1 to 39 except Claim No.
Civil Appeal No.2501 of 2001 is by the Respondents against dismissal of their claim for companypound interest.
