U.P. AVAS EVAM VIKAS PARISHAD Vs. H.C. AHUJA
HIGH COURT OF UTTARAKHAND
U.P. AVAS EVAM VIKAS PARISHAD
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(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.;
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