U.P. AVAS EVAM VIKAS PARISHAD Vs. H.C. AHUJA
LAWS(UTN)-2013-7-75
HIGH COURT OF UTTARAKHAND
Decided on July 29,2013

U.P. AVAS EVAM VIKAS PARISHAD Appellant
VERSUS
H.C. Ahuja Respondents

JUDGEMENT

- (1.) Both these revisions are directed against the judgment and order dated 03.03.2012 passed by Additional District Judge/VIIth Fast Track Court, Dehradun, in Civil Appeal No.93 of 2006 and Civil Appeal No.97 of 2006, whereby the said Court has partly allowed the appeal No.93 of 2006 modifying the order dated 07.10.2006 of Trial Court[Civil Judge (Sr.Div.), Dheradun] In arbitration case No.675 of 2002, and dismissed the appeal No.97 of 2006.
(2.) Heard learned counsel forthe parties and perused the papers available on record.
(3.) Brief facts of the case are that the parties to this case entered into an agreement No.7/EE/88-89 on 04.06.1988 for construction of semi finished type-I and type-II residences in Nehru Nagar, Dehradun. The work was required to be completed by 03.04.1989. However, a dispute arose between the parties on which suit No.482 of 2000 was instituted by Contractor Mr. H.C. Ahuja in which vide order dated 03.12.2001, an order was issued for appointing an Arbitratorto decide the dispute between the parties to the agreement. Sri Girish Chandra Garg, Retired Chief Engineer, Public Works Department was appointed as Arbitrator. He, after recording the evidence and hearing the parties, gave his award dated 30.09.2002 and directed that Rs. 3,13,805.39 shall be paid after deducting counter claim in respect of various items by Uttar Pradesh Avas Evam Vikas Parishad to the contractor. The award was challenged by Uttar Pradesh Avas Evam Vikas Parishad before Civil Judge (Sr. Div.), Dehradun by moving an application under sections 30 and 33 of Arbitration Act, 1940. After hearing the parties, learned Civil Judge (Sr. Div.), Dehradun vide his order dated 07.10.2006 partly accepted the objections of Uttar Pradesh Avas Evam Vikas Parishad and reduced the rate of interest payable on the principal sum from 12% to 6 % and further directed to set aside the amount of Rs.1.00 lac awarded by Arbitrator on account of mental agony and financial harassment to the contractor.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.