U.P. AVAS EVAM VIKAS PARISHAD Vs. O.P. KALARA AND BROTHERS
LAWS(UTN)-2013-8-38
HIGH COURT OF UTTARAKHAND
Decided on August 23,2013

U.P. AVAS EVAM VIKAS PARISHAD Appellant
VERSUS
O.P. Kalara And Brothers Respondents

JUDGEMENT

Prafulla C. Pant, J. - (1.) HEARD .
(2.) THIS revision, preferred under Section 37(2) of The Arbitration and Conciliation Act, 1996, is directed against order dated 30.07.2012, passed by District Judge, Haridwar, whereby the appeal has been dismissed, and order dated 01.11.2008, passed by the sole arbitrator has been affirmed. Brief facts of the case are that the revisionist entered into the agreement with the respondent (contractor), relating to certain cons ruction work, under Agreement No. 80EE/82 -83. On conclusion of the work under contract, the revisionist issued an order dated 10.03.1993, directing the contractor (respondent No. 1) to pay penalty of 40,052.50/ -.
(3.) IT appears that the contractor moved an application under Section 11(6) of The Arbitration and Conciliation Act, 1996, and this Court vide its order dated 17.07.2007, appointed the sole arbitrator to decide the dispute. After Shri P.K. Sharma, Retired Chief Engineer, who was appointed sole arbitrator, expressed his inability to decide the dispute, Shri G.C. Garg was appointed sole arbitrator. After said arbitrator entered in to the arbitration, the revisionist U.P. Avas Evam Vikas Parishad raised objection as to the jurisdiction of the Arbitral Tribunal stating that the Tribunal cannot look into the disputes except regarding the penalty of Rs. 40,052.50/ -. On the other hand, the claimant/respondent No. 1 (contractor) raised several issues & claims to challenge the order of penalty passed by U.P. Avas Evam Vikas Parishad (revisionist).;


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