- (1.) THE short point in this Revisional Application is whether or not the learned Assistant District Judge, Siliguri had any jurisdiction to expunge one particular sentence appearing in his judgment pronounced upon an arbitration award and also the decree which followed.
(2.) M/s. Bhattacharjee Construction Ltd. , the opposite party herein, had entered with the petitioner, Union of India, into a contract relating to construction of married accommodation for military personnel at khaprail. Certain differences and disputes having arisen between the said parties, the same was referred to arbitration by Major General gurbir Mansingh, Chief Technical Examiner, Military Engineering Services. Army Head Quarters, New Delhi. On 7th February, 1983 the said arbitrator bad made and published his final award concerning the matters referred to him. While he allowed some claims of the said contractor either in full or in part, he had rejected some others. The order of the learned Arbitrator is as follows :- " The respondents shall pay to the claimants a sum of Rs. 890000/- (Rs. eight lakhs ninety thousand only) as full and final settlement of all the disputes referred to me. On this amount a sum of rs. 480000/- (Rs. four lakhs eight thousand only) will be paid immediately and the balance amount of Rs. 410000/- (Rs. four lakhs and ten thousand only) will be paid along with the final bill on completion of the work. . The cost of the stamp paper fees amounting to Rs. 75/- (Rs. seventy five only) shall be borne by the respondents. " The opposite party Contractor had filed an application under section 14 (2) of the arbitration Act before the Court of the learned assistant District Judge, Siliguri and pursuant to the directions of the court the said award was filed. Thereupon, notices were issued upon the parties.
(3.) THE present petitioner had filed in the court below a petition under sections 16, 30 and 33 of the Arbitration Act praying for setting aside the award or for remitting the same for fresh decision. The present opposite party had also filed a petition for modifying the award and for passing a decree making the said award a Rule of the Court. The learned Assistant District Judge by his judgment and Order No. 38 dated 28th June, 1985 had disposed of the said objections and petitions of the two parties and also had purported to pronounce his judgment upon the said award which was made part of the decree and the rule of the court. Both the ordering portion of the said judgment and the decree inter -alia contained the following words : - " The plaintiffs are hereby directed to take steps for completion of incomplete works for entitling them to get remaining Rs. 410000/- (Rs. four lakhs ten thousand only) only payable after completion of the work". ;