- (1.) This order of mine shall dispose of two revision petitions i.e. Civil Revision No. 4132 of 1999 titled "Punjab State Electricity Board, Patiala and Another v. M/s Ravi Engineering Company and Another" and Civil Revision No. 6465 of 1999 titled as "M/s Ravi Engineering Company and Another v. Punjab State Electricity Board, Patiala and Another". For the purpose of adjudication, facts are being taken from Civil Revision No. 4132 of 1999.
(2.) Present petition is challenge to the order dated 22.4.1996, passed by learned Civil Judge (Senior Division), Patiala thereby dismissing the objections of the petitioners and making the award of the arbitrator as Rule of the Court and the judgment & decree dated 10.5.1999, passed by learned District Judge, Patiala, whereby appeal filed by M/s Ravi Engineering Company was partly allowed and crossobjections filed by the present petitioner were dismissed.
(3.) Relevant facts of the case that the petitioner-Punjab State Electricity Board, Patiala (hereinafter referred to as "the Board") placed the purchase order for purchase of two weigh bridges from the respondents vide order dated 16.1.1979. 95% of the price was to be paid against the despatch of documents and balance 5% was to be paid after erection and testing of weigh bridges. Accordingly, 95% payment was made to respondent No.1. The weigh bridge was not found to be in order and was showing some errors which were beyond the stipulated limits and respondent company was duly informed and the matter was taken up for replacement of the same but was not replaced. The Board withheld 95% payment of the other weighbridge and remaining balance amount. The Board has also filed counter claim for damages caused by the respondent-company due to supply of inaccurate weigh bridge.;