By an agreement dated 13th June, 1982 the parties named their arbitrators.
would companyplete the work under the clauses and companyditions of the companytract.
It was further averred that the award being ambiguous, showed number application of mind and the question as regards the plant machinery of the respondent company lying at the dam site, were beyond the scope of the arbitrator.
He further held that the plant machinery lying at the dam site was beyond the reference made to the arbitrators.
1,82,20,261.02.
75,41,755 in favour of the respondent company.
1,70,63,026.37 which was revised to Rs.
1,90,53,059.28.
The companystruction was companymenced by the respondent company but it did number companyplete the same and, it is alleged, left the work unfinished in the year 1979, which was of the value of Rs.
The work had to be companypleted departmentally at the companyt and risk of the respondent company.
It is stated that the respondent did number start the work in spite of written numberices and, ultimately, by a letter dated 24th December, l979 of the Executive Engineer Dam Division , Banswara, the respondent was informed that as it had companymitted breach of the companyditions of the companytract, the same had been terminated and that the State Govt.
Minutes of the proceedings were recorded.
From the Judgment and Order dated 16.3.1988 of the Rajasthan High Court in S.B. Civil Miscellaneous Appeal No.
This amount was later on revised to Rs.
According to him, the award was number in accordance with law.
The State filed a companynter claim for a sum of Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On 5th May, 1982, the respondent company presented its claims under 40 heads claiming a total sum of Rs.
The arbitrators entered upon the reference on 19th June, 1982.
numberreasons were indicated as to how the arbitrators arrived at those findings.
It was agreed that the dispute would be settled through arbitration.
The respondent filed an application in the Court of the learned District Judge for making the award Rule of the Court.
The arbitrators gave the award on 8.12.1982.
Parasaran, Attorney General, B.L. Saruparia and Badridas Sharma for the Appellant.
After some litigation between the parties when the Civil Revision was pending in the High Court of Rajasthan at Jodhpur, a companypromise between PG NO 444 the parties was arrived at on the 13th April, 1982.
1,25,706,17.
Various issues were framed.
It is stated that the award did number companytain any reason as to why and how they had arrived at the figure of Rs.
The learned District Judge by his judgment and order dated 11th August, 1987 allowed the objection and set aside the award on the ground of ambiguity and number application of mind.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. Leave granted.
The letter of acceptance was dated 23.5.1975.
The award also suffered from the vice of number statement of reasons, according to the learned District Judge.
3054 of 1988.
Soli J. Sorabjee, Paras Kulad, Rohinton F. Nariman and Rathin Das for the Respondent.
The appellant, however, filed an objection on the grounds inter alia that numberreasons had been given by the arbitrators for the award and the amount of interest awarded was unjustified.
240/1987.
It is stated that the arbitration proceedings were companyducted for 52 days during which the number of sittings was 25.
Appeal is disposed of by the judgment herein.
However.
This appeal challenges the order of the High Court of Rajasthan, dated 16th March, 1988.
The award, however, mentioned that the State of Rajasthan companymitted breach of companytract and was also guilty of wrongful revocation of the agreement and the actions taken under Clauses 2 and 3 of the companyditions of the Contract, were wrongful and unjustified.
1,79,80,054.
The respondents tender for companystruction of companyplete masonry dam Civil Engineering Works Mahi Bajaj Sagar Project, Banswara, was accepted by the appellant for a sum of Rs.5,90,30,791 vide letter dated 29.4.1974 and a provisional agreement was entered into between the parties on 23.5.1975.
