A. B. ODAK Vs. EXECUTIVE ENGINEER, REC CONSTRUCTION CELL
LAWS(HPH)-1997-10-13
HIGH COURT OF HIMACHAL PRADESH
Decided on October 22,1997

A. B. ODAK Appellant
VERSUS
EXECUTIVE ENGINEER, REC CONSTRUCTION CELL Respondents

JUDGEMENT

P.K.PALLI, J. - (1.)AN amount of Rs. 3,44,441.00 has been awarded to the claimant/plaintiff by the Arbitrator. The award is impugned by the objector/respondent and the objections filed under Section 30 read with Section 33 of the Indian Arbitration Act are proposed to be disposed of in this judgment.
(2.)THE claimant was awarded work for construction of Girls Hostel on October 30, 1990 for a sum of Rs. 84,50,967/ -. It is said that the time for the completion of the job was fixed at two years and the work was to be started within fifteen days from the allotment of the work and in any case, on or before November 13, 1992.
The building work comprised four blocks independent of each other. The construction was to be carried out block -wise as is being urged by the objector. It is said in the objections that as per Clause 2 of the agreement 1/8th of the work was to be completed before 1/4th of the whole time and 3/8th before 1/2 of the time lapsed. Reliance is being placed on various letters by the objector wherein contractor was time and again told to accelerate the speed of work, but with no fruitful result.

(3.)AS the contractor, according to the objector, did not resume the work, the action was taken to forfeit the security amount of Rupees one lac. Measurements were recorded by the Assistant Engineer on October 7, 1993 and duly accepted by the representatives of the claimant work was rescinded under Clauses 3(b) and 3(c) of the agreement and losses were ordered to be recovered from the claimant. It is being urged that the Arbitrator has mis -conducted himself in ordering the refund of security deposited under Claim No. 1. The amounts awarded under the various heads, are also said to have been wrongly arrived at and no case was made out for the award of interest at the rate of 15%.


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