AMAR NATH DHAN PRAKASH Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1991-4-14
HIGH COURT OF HIMACHAL PRADESH
Decided on April 22,1991

AMAR NATH DHAN PRAKASH Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

KAMLESH SHARMA,J. - (1.) The State of Himachal Pradesh through the Executive Engineer, Paonta Division (B & R) entered into agreement No. 32 of l68 -69 with M/s. Amar Nath Dhan Parkash, plaintiffs. The dispute arising out of this agreement has been decided by Sh. R. P. Malhotra, Superintending Engineer (Arbitration), H P. PWD, Solan, vide his award dated 30 -4 -1990, whereby an amount of Rs 4,08,544 has been awarded to the plaintiffs -contractor besides release of F. D R. for Rs 20,000 which is lying with the defendant as security. Interest at the rate of 9% per annum has also been granted by the Arbitrator if the award amount is not paid within two months from the date of making the award.
(2.) The award in question is not a speaking award. It is as under : - "1. Whereas, I (Superintending Engineer) Arbitration, H. P. PWD, Solan was appointed as arbitrator by the Engineer -in -Chief, H. P. PWD, Shimla -1, vide his letter No. PW -CTR -29 -15/72 -Court Case -II -12516 -19 dated 19 -2 -1988 to decide and make award regarding claims/counter claims of both the parties for the abovesaid work.Whereas, I (Superintending Engineer) entered upon reference in this case w.e.f. 21st December, 1988 and took up the case from the stage left by my predecessor Sh. J. R. Kainth as per the consent of both the parties. The hearing in this case was concluded on 10 -3 -1990. The time for conducting the hearings and announcement of award was extended up to 8 -7 -1990 on the mutual request of both the parties.
(3.) Now I (Superintendent Engineer) Arbitration, HP PWD, Solan having considered the whole matter submitted to my predecessor and me by both the parties both verbally and in writing with due care I hereby award a consolidated amount of Rs. 4,08,544 against all the claims putforth by the plaintiff and Respondent to the extent of the claims judged admissible. The respondent shall pay Rs. 4,08,544 to the petitioner. This award is excluding FDR for Rs. 20,00J which the contractor had deposited as security with the department which will be returned to him alongwith the interest accrued till date separately. This award will carry an interest of 9% if this amount is not paid within 2 months from the date of making of award." The defendant have filed objections to the award and prayed for setting it aside. The plaintiffs have filed their affidavit -in -reply supporting the award.;


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