STATE OF RAJASTHAN Vs. NAV BHARAT CONSTRUCTION CO

JUDGEMENT

(1.) These Appeals are against the Judgment dated 10th December, 1999 of the Rajasthan High Court.

(2.) Briefly stated the facts are as follows. The Appellants invited tenders for construction of Bhimsagar Dam. Pursuant thereto various tenders were received. Ultimately the tender of the Respondent was accepted. A contract was awarded to the Respondent on 18th January, 1979. Under the contract, the work was to be started on 16th November, 1978 and to be completed by 15th May, 1981. The work was not completed within this time and time was extended. It appears that the work was not completed within the extended time also. The Appellants terminated the contract and got the balance work completed from some other contractor.

(3.) The Respondent raised various claims which were rejected by the Appellants the Respondent, therefore, moved an application under Section 20 of the Arbitration act, 1940 for referring the claims mentioned therein to arbitration. 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.