- (1.) Heard learned counsel for the parties. These appeals have been filed against the common impugned judgment and order dated 14.7.2003 of the Jharkhand High Court whereby the Arbitration Appeals filed by the State of Jharkhand have been partly allowed. Since, these appeals arise of the common impugned judgment and order, the same are being disposed of by this common order.
(2.) The facts in detail have been given in the impugned judgment and order of the High Court and hence we need not repeat the same here. The case relates to the Arbitration & Conciliation Act, 1996. It appears that there was a dispute between the parties to the contract and the matter was referred to an arbitrator, who gave three different Awards since three contracts were involved in the dispute. The said Awards are dated 30.9.2000. The said Awards were made Rule of Court by orders dated 8.1.2002 of the Sub-Judge, Hazaribagh. Against the said orders dated 8.1.2002 of the Sub-Judge, Hazaribagh, three appeals were filed before the High Court under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter for short referred to as 'the Act'), which have been partly allowed by the common impugned judgment and order. Aggrieved against the said judgment, these appeals have been filed by special leave.
(3.) Shri Rakesh Dwivedi, learned senior counsel appearing for the appellant in all these appeals submitted that the High Court has based its judgment on the reasoning that the claims which were allowed by the Arbitrator were barred by the contract clause 1.21. The relevant sub-clauses thereof are as follows :- "1.21.1 Payments for any additional items of work shall be given by clause 11(Eleven) of P.W.D. Form F-2 of the contract. 1.21.2 No claim for idle labour, idle machinery etc. on any account will be entertained. 1.21.3 No claim shall be entertained for business loss or any such loss. 1.21.4 No claim shall be entertained for delays in communicating decision drawing or specifications by the Department. The Department may however consider the grant of extension of time in completion of work. If there is any such genuine reason of it. In case it is not possible for the Department to make the entire site available on the award of the work the contractor bill have to arrange his working programme accordingly. No claim what-so-ever for not giving the site on gradually will be entertained however, suitable extension of time may be given at the discretion of the Engineer-in-Charge considering the merits of the case.";