ADDL. CHIEF ENGINEER Vs. S.P. CHOPRA AND CO.

JUDGEMENT

(1.) ADDITIONAL Chief Engineer/Director Construction, W.Y.C. Hydro Electric Project, H.S.E.B. Bhudkalan, Executive Engineer, HC-I, W.Y.C Hydro Electric Project, H.S.E.B. Bhudhalan and Haryana State Electricity Board (hereinafter called 'the Board') through above officers have filed this civil revision against M/s S.P. Chopra & Co and Shri S.P. Chopra, its partner and it has been directed against the judgement dated 7.11.1992 passed by the Court of Additional District Judge, Yamuna Nagar at Jagadhri, who allowed the appeal of M/s S.P. Chopra & Co and its partner by setting aside the order dated 27.7.1991 passed by the Court of Senior Sub Judge, Jagadhri, which allowed the objections under Section 30/33 of the Arbitration Act filed by the present petitioners. The learned Addl. District Judge, Jagadhri while setting aside the order of the lower Court made the award dated 15.9.1989 as rule of the Court and further granted interest @ 12 per cent on the amount of the award w.e.f. 15.9.1989 till 13.10.1989, the date of the filing of the petition under Sections 14 and 17 of the Arbitration Act by the contractor and the contractor was further awarded future interest at the rate of 12 per cent per annum from the date of the filing of the petition i.e. 13.10.1989 till the actual payment is made.

(2.) THE brief facts of the case are that the Board vide agreement No. 19 dated 7.12.1980 allotted earth work excavation and its transportation for filling along RD-1750 to RD - 2800 of Hydel Channel of W.Y.C. Hydel Project to M/s S.P. Chopra and Co., Yamuna Nagar (hereinafter called 'the contractor'). Differences and disputes arose between the Contractor and the Board out of that contract and vide memo dated 13.10.1983, the Secretary, Legal Section, Haryana State Electricity Board, Chandigarh, in exercise of its powers, vide Clause 25-A of the agreement appointed the Chief Engineer P&T, Haryana State Electricity Board, Chandigarh as sole arbitrator to settle the differences. The arbitrator entered upon the reference on 7.11.1983 and he issued notice to both the parties. The contractor submitted his claim petition dated 6.12.1983 and counter-claims were also submitted by the Board before the arbitrator. The arbitrator framed 19 issues on 26.2.1985 and after prolonged debiberations Shri P.C. Sharma, Chief Engineer gave the award dated 15.9.1989 and sent a copy of the award each to both the rival parties.

(3.) THE reply was filed by the contractor to the objections under Sections 30/33 of the Arbitration Act filed by the Board and it was pleaded that the arbitrator has not misconducted himself. The award has been given on merits and the merits of the case could not be considered by the executing Court. It was also pleaded by the contractor firm that it was duly registered and the registration certificate has already been produced before the arbitrator during the arbitration proceedings.