Decided on June 23,2005

A.K.Construction Company Appellant
STATE OF M.P. Respondents


A.K.PATNAIK,J. - (1.) THIS revision is under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for short "the Act") against the award dated 19-5-1996 passed by the Madhya Pradesh Arbitration Tribunal, Bhopal in Reference Case No. 27/1990.
(2.) THE facts briefly are that the petitioner filed the said reference case No. 27/1990 before the M.P. Arbitration Tribunal under Section 7 of the said Act.
(3.) THE case of the petitioner in the said reference case was that the Executive Engineer, Mahanadi Reservoir Project, Canal Division No. 1, Rudri invited tenders for the work of a pit near Right Guide Bund and in response thereto the petitioner quoted a rate of 1.26% above the schedule rate of tender and the tender of the petitioner was accepted by the Executive Engineer and an agreement was executed between the petitioner and the Executive Engineer. In accordance with the agreement, the petitioner completed the work and submitted the first and final bill of Rs. 74,188.30 for the work done, out of which Rs. 37,044.00 was to be recovered as cost of the cement supplied and Rs. 1843.75 was to be deducted as income tax and a sum of Rs. 35,660.55 was to be paid by the Executive Engineer to the petitioner. The Executive Engineer, however, did not pay the said sum of Rs. 35,660.55 and the earnest money of Rs. 2000.00The petitioner, therefore, claimed a sum of Rs. 35,660.55 with interest @ 12% for the period 7-7-1983 to 31-12-1989 before the Tribunal.;

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