The High Court on 30.09.2004, affirmed the award passed by the Subordinate Judge and rejected the appeal filed by the respondents against which the respondent preferred an appeal in this Court.
Since there is dispute between the parties, the appellant had to resort to the companyrt of Subordinate Judge, Muzaffarpur to invoke the arbitration clause of the aforesaid agreement.
This Court vide its Order dt.16.08.1996, directed the learned Subordinate Judge to dispose of the objection of the State the respondent herein on merits.
The short facts leading to the filing of this appeal are as under The appellant made an agreement No.58 F 2 of 1980 81 with respondent No.2 acted on behalf of respondent No.1 for the companystruction of C type six blocks quarters at Sherpur Colony Gandak Project Muzaffarpur for the total companysideration of an amount of Rs.19,02,428.21.
Aggrieved against the said order, the appellant has companye before this Court by way of a SLP.
The appellant laid the total claim of Rs.15,77,073/ before the arbitrator.
02.04.1988 in Misc.
CIVIL APPEAL NO.266 OF 2007 Arising out of SLP C No.4129/2005 Dr.AR.LAKSHMANAN, J. Leave granted.
This appeal is directed against the final judgment dt.30.09.2004 passed by the High Court of Judicature at Patna in C.R.No.2035 of 2001.
The arbitrator made the award on 04.07.1988 in favour of the appellant for Rs.8,53,837/ only as companysolidated and lump sum amount for all claims of the appellant and against the respondents along with interest at the rate of 12 per annum till the date of realisation.
5/86 appointed the respondent No.4 as an arbitrator to arbitrate and adjudicate the dispute and to pass the award.
Case No.
The case on hand arise under the Arbitration Act, 1940.
