VEERENDR SINGH SIRADHANA,J. - (1.) By order dated 3rd September, 2007, the District Judge, Dholpur, declined the objections instituted by the appellant/claimant under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act of 1996'), while upholding the award made by the Arbitrator dated 31st May, 2005, of which he is aggrieved of.
(2.) Briefly, the essential skeletal material facts necessary for appreciation of the controversy are that the appellant/claimant entered into an agreement for work of construction of road from Dholpur to Bumbroli via Bhjaisana with the Executive Engineer, P.W.D, Dholpur. According to the work order, the work of construction was to commence from 3rd August, 1987, and conclude on 2nd August, 1988. In the agreement between the parties, reduced to writing and signed; stipulation under Clause 45 of the agreement was deleted, which contemplated for increase or decrease in the cost due to labour and/or cost of materials according to the formula stipulated therein, in case there was a dispute as to the increase in the wages of labour and cost of materials due to additional work. Be that as it may, the dispute between the parties was referred to the Arbitrator in view of the arbitration clause in the agreement.
(3.) The Arbitrator vide award dated 31st May, 2005, declined the claim partially and made an award of Rs. 52,100/- payable to the appellant/claimant, within three months from the date of award with simple interest @ 18% per annum from the date of award uptil actual date of payment.;