Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the appellants and the Respondents.
(2.) This is an appeal under section 39(1)(vi) of the Arbitration Act, 1940 by the defendant / objector against the judgment and decree dated 11.08.2003 / 25.08.2003 passed by the learned Sub-Judge-VII, Ranchi in Arbitration Tittle Suit No. 64/1994, whereby the Award dated 15.09.2002 has been upheld and the Misc. Case No. 1/2003 has been dismissed. The award was submitted before the court on 27.01.2003.
(3.) The case of the parties, as pleaded before the learned Arbitrator briefly stated, is as follows: Claimant / Respondents was awarded the work for construction of the building of Post Graduate Centre at Chaibasa under the Agreement dated 14.09.1985 bearing no. PL/5066-67 for an estimated value of Rs. 25,82,538.42. The first phase of the work was to be completed in eight months from 28.09.1985 to 27.05.1986 for a sum of Rs. 13.40 lakhs and phase-II was to be completed after completion of the first phase of the work within the extended period on 31.08.1987. A dispute arose between the parties. Claimant approached the learned civil court for appointment of an Arbitrator in Arbitration Title Suit No. 64/1994. The Arbitrator appointed by the court with the consent of the parties failed to publish the award even after lapse of six years. Thereafter, on an application moved by the complainant, the learned court appointed one arbitrator each on behalf of the parties from the list of the names submitted by them. Hon'ble Mr. Justice A.P. Sinha, a former Judge of Patna High Court and Capt. Satyendra Singh, retired Additional Judicial Commissioner, Ranchi were appointed as Arbitrators. The first sitting of the arbitration proceedings were held on 10.06.2001. Claims were submitted under 10 items by the claimant. The University / defendant / appellant herein submitted their written statement together with counter claim of Rs. 2,14,25,287.96 including compound interest for certain periods from 01.07.1994 to 31.07.2001at the rate of 18% p.a. The learned Arbitrators published their award on 15.09.2002. The same was submitted before the learned court on 27.01.2003. The award incorporates items of claim and the grounds urged in their support as also the defence cum counter claim of the defendant. The Arbitrators finally proceeded to declare the award on each of 10 items while rejecting the counter claims. The award contains claims awarded with or without interest raised on the items which were allowed. The award is not non-speaking and does not contain reasons for allowing or disallowing the claims of the claimant. Summary of the award is indicated hereunder: JUDGEMENT_163_LAWS(JHAR)12_2018_1.html;