S D SHINDE CONTRACTOR Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal from order the present appellant original plaintiff contractor challenges the judgment and order passed by learned Joint Civil Judge, Senior Division, Ahmednagar, in Regular Civil Suit No. 595 of 1997 on 3.4.2003, thereby refusing to pass decree in terms of the award passed by sole Arbitrator Shri A.K. Shenolikar on 14.12.1997.

(2.) Briefly stated, the facts giving rise to the this appeal are that the appellant was earlier sole proprietary firm in the name and style 'M/s. S.D. Shinde Contractor' owned by one Shri S.D. Shinde. He expired during pendency of suit, on 14.1.1990 and after his death the suit was continued by his legal heirs. Present appeal is filed by one of those legal heirs i.e. Annasaheb Shripati Shinde claiming to be partner of the said firm M/s. S.D. Shinde Contractor. Respondent Nos. 2 to 8 are the remaining heirs of deceased S.D. Shinde. The original dispute decided by the sole arbitrator was between late Shri S.D. Shinde contractor and respondent No. 1 Government of Maharashtra through Irrigation Department.

(3.) Along with suit, learned trial judge has also decided two miscellaneous applications, viz. Miscellaneous Application No. 1 of 1998 filed by respondent No. 1 State under sections 30 and 33 of the Indian Arbitration Act, 1940 (The Arbitration Act" for short) for setting aside the award passed by the sole Arbitrator Shri A.K. Shenolikar; ARBI Miscellaneous Application No. 1 of 1999 was filed by one Bapusaheb Shripat Shinde on behalf of M/s S.D. Shinde Contractor for making the award of the sole arbitrator as rule of the Court and for passing decree in terms of the award in the name of legal heirs of late S.D. Shinde who died on 14.1.1990. Basically, this appeal from order is challenging the refusal by the learned trial judge to pass decree in terms of the award passed by sole arbitrator and also the order setting aside the said award.