HANS RAJ Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) THE present petition has been filed, under section 34 of the Arbitration and Conciliation Act, 1996, for setting aside award dated 29.5.2010 made by Sh. R.K. Gupta, I.F.S., Managing Director, H.P.S.F.C and to award counter -claim as per claim of the petitioners in full.

(2.) MATERIAL facts necessary for the adjudication of this petition are that tenders were called for floating timber on 4.4.1994. The predecessor -in -interest of the petitioners, namely, Ran Singh, also participated in the tender process. The said tender, being lowest one, was approved and sanction was conveyed vide letter No. 6706 dated 24.6.1994. Thereafter, Sh. Ran Singh and the respondent -corporation entered into agreement on 21.8.1994 and 11.9.1995, in which working periods were upto 31.3.1995 and 31.3.1996, respectively for 1994 -95 and 1995 -96 ghalls. Contractor deposited a sum of Rs. 50,000/ - in favour of the respondent -corporation as security, pledged to Divisional Manager, F.W.D. Kullu. Respondent -corporation filed a civil suit No.25/99 for recovery of Rs. 94,52,034/ - in this Court. The contractor preferred an application for referring the matter to the Arbitrator. Consequently, the matter was referred to the Managing Director, H.P. State Forest Corporation on 3.11.1999. He made the award on 15.6.2002. The same was set aside by this Court and the matter was remanded to the sole Arbitrator. He decided the same on

(3.) MR . Bhupender Thakur has supported the award made by the Arbitrator on 29.5.2010.