- (1.) Present petition is filed challenging the judgment dated 20.08.2007 passed by learned Civil Judge (Senior Division), Muktsar, as well as, judgment dated 22.09.2009 passed by learned Addl. District Judge, Muktsar, thereby making award dated 10.06.1993 for recovery of Rs. 66,668/-, Rule of the Court and dismissing the objections filed by the present petition against the award under Section 30 of the Arbitration Act, 1940.
(2.) I have heard learned Counsel for the parties and perused the record.
(3.) Undisputedly the work of construction of 15000 gallons capacity O.H.S.R. at Augmentation Water Supply Scheme Check Chibranwali was allotted to the present Petitioner and a contract agreement No. 144/MKS/34/1981-82 was executed between the parties. Undisputedly, Petitioner has submitted bills of work done by him on 12.07.1982, 30.11.1982 and on 30.2.1982 (Ex.P1 to Ex.P3) according to the M.B. Book (Ex.P4 to P6). Undisputedly, department has made payment to the Petitioner on 13.07.1982, 01.12.1982 and on 12.01.1983. Undisputedly, after 12.01.1983, the date of last payment to the contractor - Petitioner, no objection was raised by the department till 31.07.1987 and for the first time Ex.P5 letter dated 31.07.1987 was issued by the department and thereafter matter was referred to the arbitrator on 05.05.1992 and arbitrator has passed the award on 10.06.1993.;