- (1.) Heard learned Additional Chief Standing counsel for the appellant and Sri Rakesh Pandey, learned counsel for the claimant.
(2.) This First Appeal From Order has been preferred assailing the judgment and award dated 28.10.2015 passed by learned District Judge, Bhadohi at Gyanpur in Misc. Arbitration Case No. Nil of 2015 (Sarvajanik Nirman Vibhag Prakhand, Sant Ravi Das Nagar through its Executive Engineer Vs. Vinod Kumar Nishad) whereby the application moved on behalf of the appellant under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996) has been rejected.
(3.) According to the appellant-opposite parties, the respondent-claimant used to perform the work under contract with the appellant-Department and used to submit bills belatedly, for which the Department was not obliged to make payment but the Arbitrator appointed in the case allowed the claim and passed an award. The respondent claimant did not perform the work as per the prescribed standard and the defect was brought to his notice and thereafter he agreed for the deduction and received the amount after deduction. The award in the instant case was made on 10.10.2010 which was transmitted to the State Government on 31.12.2010. In the meantime, the respondent-claimant moved an application for execution of the award. The Department again moved an application to the Government seeking permission to comply with the award or accord permission for filing the appeal on 14.1.2015. The Government has conveyed a decision on 15.5.2015 according permission to file appeal before the competent Court. The copy of the award was not transmitted in accordance with law.;