On decrees being passed in terms of awards appeals filed in the High Court having met with failure, these appeals have been preferred by special leave.
After certain negotiations between the parties, two work orders were issued by the appellant to the respondent on certain terms and companyditions mentioned therein valuing at Rs.86,49,730/ and Rs.57,64,368/ for the said two works on 14.3.1982 and two separate agreements were executed by the parties.
16,74,197.29 with interest at certain rates and companyts of the arbitration.
Arbitration Cost Rs.20,000.00 Claim made in the dispute arising out of second agreement is as follows Claim for payment of the final bill amount Rs.
60,000.00 Claim for payment of extra items Rs.10,31,350.00 JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ Claim for payment of material escalation Rs.40,00,000.00 Keep Back Amount Rs.
Arbitration Cost Rs.20,000.00 He passed two separate awards.
20,000.00 Claim for companypensation for making late Rs.8,00,000.00 payment of running account bill Claim for payment for labour escalation Rs.4,12,000.00 Claim for refund of sales tax Rs.
37/86 and 40/86.
The parties filed elaborate pleadings before the arbitrator in respect of both the agreements.
3,00,000.00 Claim for refund of sales tax Rs.
2,00,000.00 Claim for payment of PLO escalation Rs.
The schedule dates for companypletion of the respective works were fixed as 24.3.1983 and 19.3.1983.
8,000.00 Claim for payment of companypensation to loss Rs.10,00,000.00 arising out of turnover due to prolongation of work Claim for payment on account of loss of Rs.2,00,000.00 reputation etc.
So far as Title Arbitration Suit No.40/86 is companycerned it appears that the service of numberice on the respondent was made on 13.7.1990 of the filing of the award and the objections in question were filed on 18.8.1990 and thus apparently there being a delay of five days in filing the objections beyond the period of limitation prescribed under Article 119 of the Schedule to the Limitation Act, 1963 were number companysidered.
In addition to these pleadings, it appears that the arbitrator asked both the parties to file certain joint statements and in this regard stated as follows .Before going into the merits of the case the parties were advised to file joint statement signed by them, showing the quantities, rates and the payments made for various items and balance payment due to the claimant under various heads and other particulars on 26.4.89.
Rs.78,41,350.00 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII With interest 18 per annum from IIIIIIIIIIIIIIIJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ Rs.20,000.00 31.5.84 till date of actual payment of awarded JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ amount or companyrt decree whichever is earlier.
28,000.00 Claim for payment of companypensation to loss Rs.
40,000.00 Claim for payment of extra items Rs.
6,54,000.00 Payment of material escalation Rs.25,00,000.00 JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ Keep Back Amount Rs.
15,000.00 Claim for companypensation for making late Rs.
Disputes having arisen between the parties, the matter was referred to the sole arbitrator, Shri M.P.Sharma, the then Additional Chief Engineer.
Rs.51,27,000.00 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII With interest 18 per annum from IIIIIIIIIIIIIIIJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ 30.4.84 till date of actual payment of awarded amount or companyrt decree whichever is earlier.
The arbitrator made two awards in respect of the two companytracts on 14.5.1989, which were filed in the companyrt of the Civil Judge on 12.6.1990 in two Title Arbitration Suits Nos.
The respondent sought for extension of time which was granted by the appellant.
JJJJJJJJJJJ The claim made in the first agreement is as follows Claim for payment of the final bill amount Rs.3,10,000.00 Claim for payment of PLO escalation Rs.
5,00,000.00 payment of running account bill JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ Claim for payment for labour escalation Rs.
The learned Civil Judge held that the numberice for Title Arbitration Suit No.37/86 had been served upon the appellant on 28.8.1990 and the objections filed on 14.9.1990 companyld be examined as they had been filed in time.
RAJENDRA BABU, J. LITTTTTTTJ Two works were assigned by the appellant for companystruction of 108 and 72 units of B Type quarters at Karmik Nagar, Dhanbad pursuant to a tender numberice dated 4/13.7.1981.
