- (1.) HEARD Mr. V. Shivnath, learned counsel appearing for the petitioner and Mr. Sanjay Kr. Singh, learned JC to AAG for the State.
(2.) THE prayer of the petitioner in this writ application is for issuance of a writ of mandamus commanding upon the respondents to pay the entire arrear amount in terms of the decision of the adjudicator, submitted on 18.5.2001 and 19.5.2001 vide Annexure -1 and Annexure -2 in the matter of Package Nos. 50 and 68 of the Bihar Plateau Development Project (BPDP) and their Irrigation Component Agreement with interest @ 18% per annum from the date of dues till actual payment. However, Mr. Shivnath learned counsel appearing for the petitioner confines his argument with regard to the decision of the adjudicator as contained in Annexure -1, to the writ application, i.e., the decision submitted on 18.5.2001. Learned counsel for the petitioner has referred to Annexure - 1 i.e., the decision of the adjudicator and submitted that if at all the respondents were aggrieved against the said decision of the Adjudicator, they have the remedy under Section 34 of the Arbitration and Conciliation Act, 1996, by filing an application for setting aside the Arbitration award. Learned counsel for the petitioner further submitted that under Sec.35 of the Arbitration and Conciliation Act, 1996, any arbitration award is final and binding on the parties.
(3.) ACCORDING to the learned counsel for the petitioner such award of an arbitrator has the force of a decree as it can be enforced under the Code of Civil Procedure and, therefore, the respondents are bound to pay the amount with interest pursuant to the decision of the adjudicator.;