- (1.) By the impugned Judgment and Order dated 17/12/1991, the High court of Judicature of Rajasthan at Jodhpur, dismissed the S. B. Civil Miscellaneous Appeal No. 254 of 1991 filed by the appellant and confirmed the judgment and Order dated Ist August, 1989 passed by the District Judge, Udaipur in Petition under S. 20 and 33 of the Arbitration Act, 1940. The District Judge had passed the decree in terms of the award.
(2.) The brief facts of the case are that on 14/05/1981, appellant and respondent No. 1 entered into an agreement on a turn-key basis for excavation, removal, transportation including loading and unloading, disposal dumping dozing, levelling etc. of over burden at the specified dump yards including final dressing of the mine benches, faces and sides etc. and incidental mining of rock phosphate ore encountered during the excavation of over-burden and its transportation to ore-stacks etc. from the footwall, western portion and eastern portions of 'd' Block of the Jhamarkotra mines including drilling, blasting, loading, transportation, unloading etc. with the leads and lifts involved in connection therewith, more particularly described in the said contract for the period of three years and three months, that is, from 13.3.81 to 12.6.84 for the quantity of 21.15 lacs cubic meter subject to plus minus 10% at the fixed rate of Rs. 35.80 (rupees Thirty Five and eighty paise) all inclusive per cubic meter in respect of over burden and/or ore actually excavated mined, removed etc.
(3.) Respondent No. 1 vide its letter dated 7/09/1983, raised certain disputes and claimed reimbursement and/or additional payments and/or compensation on account of escalation of cost of work and breach of contract by the Appellant. The Appellant vide its letter dated 11/09/1984 refuted the claims of Respondent No. 1 by stating that in no case the rates over and above Rs. 35.80 per cubic meter could be given. On 10/11/1984, respondent No. 1 invoking the arbitration clause, requested the Managing Director of Appellant to appoint a sole arbitrator to adjudicate the claims made by the Contractor. Thereafter, on 5/02/1985, Shri C. S. Jha, Chairman-cum-Managing Director, Bihar State Mineral Development Corporation Ltd. was appointed as a sole arbitrator "to decide all claims raised by the contractor, M/s. Eastern Engineering Enterprises vide its letter dated 7/09/1983. ";