VINOD K.SHARMA, J. - (1.) THIS order will dispose of CR No. 2413 of 2003 titled M/s Sunder Dass and Company v. Jind Co-operative Sugar Mills Limited, Jind, CR No. 1394 of 2004 titled M/s. Sunder Dass and Company v. Jind Co-operative Sugar Mills Limited and CR No. 1395 of 2004 title M/s Sunder Dass and Company v. Jind Co-operative Sugar Mills Limited, Jind as common questions of law and facts are involved in these cases and the learned Additional District Judge, Chandigarh has disposed of three appeals by way of common judgment which is under challenge in the present revision petitions.
(2.) IN pursuance to the tender floated by the Jind Co-operative Sugar Mills Limited, Jind (for short Sugar Mills) the parties entered into a contract on 18.7.1983. The contract contained an arbitration clause which reads as under :- "All disputes and differences of any kind whatever arisen out of or in connection with the contractor or carrying out of the works (whether during the progress of the works or after their completion and whether before or after the determination abandonment or breach of the contract) shall be referred to and settled by the Architect and the Engineer-In-Charge who shall state their decision in writing. Such decision may be in the form of a FINAL CERTIFICATE or otherwise. The decision of the Architect and the Engineer-In- Charge with respect to any of the accepted matters shall be final and without appeal as stated in the preceding clause. But, if either the employer or the contractor be dis-satisfied with the decision of the Architect and the Engineer-In-Charge or any matter, question or disputes of any kind (except any of the accepted matters) or as to the withholding by the Architect and the Engineer-In-Charge of any Certificate to which the contractor may claim to be entitled then and in any such case either party (the employer or the contractor) may within thirty days after receiving notice of such decision give a written notice to the other party though the Architect and the Engineer-in-Charge requiring that such matters in dispute be arbitrated upon. Such written notice shall specify the matters which are in dispute and such dispute or difference of which such written notice has been given shall be referred to the Registrar, Co-operative Societies, Haryana or his nominee as sole Arbitrator for his award which shall be final and binding on both the parties." On 20.7.1988 a notice was issued by the petitioner M/s Sunder Dass and Company, civil contractor to the sugar mills calling upon them to make the payment as claimed within 7 days. In the said notice certain record was also sought from the respondent. Again on 27.7.1985 a notice was issued to the Engineer In-charge, Sugar Mills, seeking full payment for the work done. On the same date another notice was also issued to the Architect i.e. SIJCOM Architect Engineer in which also the amount due was claimed. In response to the said notice M/s SIJCOM vide their letter dated 9.8.1958 denied the claim raised by the petitioner and further granted petitioner the liberty to proceed with the matter. This reply was sent to M/s Nanaji Engineers and Consultant Private Limited (for short M/s Nanaji Engineers).
(3.) THEREAFTER , vide letter dated 12-8-1988 the claims raised by the petitioner were denied by the respondent Sugar Mills by stating the said claims to be bogus, baseless and against the provisions of agreement. On 4.9.1988, the petitioner approached the Registrar, Co-operative Societies for adjudication of the claim raised by the petitioner. Thereafter, vide letter dated 12.9.1988, the Engineer-In-charge wrote to the petitioner that as the Petitioner had already referred the matter to the Arbitrator without waiting for his decision there was no necessity for him to give any comments or decision on the demand raised. The claims were filed by the petitioner on 21.9.1988. It is the case of the petitioner that thereafter the petitioner was forced to move an application to the court for appointment of an Arbitrator after issuance of notice on 23.1.1988 and the learned Civil Court appointed Shri B.P. Duggal as the sole Arbitrator to adjudicate the dispute. The respondent Sugar Mills challenged the order passed by the learned Civil Court by way of Civil Revision No. 1088 of 1990 in this court and the said revision was also dismissed on 15.11.1990 and it is admitted case that the said order has attained finality. On 15.3.1991 the appointed Arbitrator passed an award in favour of the petitioner. The award was non-speaking which reads as under :- AWARD "I was appointed Arbitrator in the matter of disputes of M/s Sunder Dass and Co. and the Jind Cooperative Sugar Mills Ltd., Jind, regarding construction of civil works of Jind Cooperative Sugar Mills (Sugar Factory Category 'A') at Jind. The disputes were referred to me by the parties. I entered on the reference and both the parties appeared before me. Both the parties were granted a number of hearing and were given full opportunity to lead evidence, make submissions, produce documents and argue their respective case. I have carefully examined the claims, counter claims, documents, submissions etc. made by the parties. After having carefully considered all disputes, I make my award as under :- I award a sum of Rs. 18,41,800/- (Rupees Eighteen Lacs Forty One Thousand Fight Hundred only) in favour of M/s Sunder Dass and Co. to be paid to them by the Jind Co-operative Sugar Mills Ltd. along with 18% simple interest per annum with effect from 16.2.1985 till 4.12.1990 viz. the date of 1st hearing before me when both parties were present. M/s Sunder Dass Company shall also be entitled for Further simple interest @ 18% per annum from the date of award till the date of decree or payment, whichever is earlier. The cost of the stamp paper and other miscellaneous expenses amounting to Rs. 380/- (Rupees Three Hundred Eighty only) will be paid by the two parties to the Arbitrator in equal shares viz. Rs. 190/- each. Made and signed by me at Chandigarh on 15th March, 1991." ;