JUDGEMENT
R.V. Raveendran, J. -
(1.) Leave granted.
(2.) The Appellant filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Act for short) before the Madhya Pradesh High Court alleging that on execution of an agreement in regard to "maintenance of water supply and electrical works in different parts of Gwalior Municipal Corporation area", a work order was issued to him on 1.5.2002 by the Respondent; that as the bills submitted by the Appellant were not paid, it filed a writ petition and that petition was disposed of on 15.2.2006 with a direction to seek reference to arbitration; that Clause 29 of the General Rules and directions for the Guidance of the contractor provided for settlement of disputes by arbitration; and that therefore the Appellant was filing the application under Section 11(6) of the Act requesting the Chief Justice to appoint an independent arbitrator to arbitrate upon the disputes. The designate of the Chief Justice by order dated 11.5.2007 allowed the said application and appointed a retired Judge of the High Court as arbitrator.
(3.) Before the Arbitrator, the Appellant made claims aggregating to Rs. 76,64,725 with interest at 18% per annum. The Respondents contested the claims contending that work orders were issued only to the extent of Rs. 29,72,331 and there were some irregularities in the issue of work orders and therefore the Appellant was not entitled to payment of any of the bills. The arbitrator made an award dated 30.1.2008 directing the Respondents to pay a sum of Rs. 76,64,725 to the Appellant with interest at 9% per annum from the date of the award till date of payment.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.