D.C.SRIVASTAVA - (1.) This is an Appeal against the Judgment and Decree dated 30-9-1985 of Civil Judge (S.D.), Vadodara, making the Award submitted by the Umpire as Rule of the Court and directing the Decree 10 be drawn in terms of the Award together with interest at the rate of 6% p. a., from the dale of Decree till realisation.
(2.) . Brief facts giving rise to this Appeal are as under : The appellant-Oil and Natural Gas Commission (for short "O.N.G.C.") invited tenders for reconditioning work of Ankleshwar-Koyali Crude Oil Pipeline and Ankleshwar-Vadodara Gas Pipelines. After negotiation the tender of the respondent was accepted and he was telegraphically informed. A letter was also issued on 10th December, 1982. Agreement was entered into between the parties and the terms of Agreement were reduced in writing which were signed by both the parties. There were various terms of contract for achieving minimum progress of work and in case of default, provision for penalty was provided. It was the responsibility of O.N.G.C., to supply materials and cement free of cost to the contractor. Initially, these materials were supplied to the contractor, but the progress was very slow, with the result that the O.N.G.C. could not achieve minimum progress of work. The O.N.G.C. placed order for material with one agency which had gone in liquidation thereafter. Consequently, fresh supply order was placed with other agency and in this process supply of material was delayed. The contractor was requested to suspend further work for some time. The O.N.G.C. made alternative arrangement and asked the contractor to come for negotiation, but the contractor did not turn up. When fresh material was received by the O.N.G.C. the contractor was intimated but he refused to carry out the remaining work and claimed compensation. In this way. dispute was raised by the contractor. Under the terms of the contract the disputes raised by the contractor were referred to two Arbitrators, who could not come to unanimous conclusion. Consequently, an Umpire was appointed with the consent of both the parties. Shri V. M. Patel was appointed as Umpire. He signed the Award on 3rd May, 1985 which was filed in Court under Sec. 14 of the Arbitration Act. Thereafter, notices were issued. The O.N.G.C., filed objection for setting aside the Award whereas the contractor filed reply requesting for dismissal of the objection and making the Award Rule of the Court.
(3.) . The Court below, after considering the material on record, found the Award to be perfectly in order. Consequently, the objections of the O.N.G.C. were turned down and the Award was made Rule of the Court, hence this Appeal.;