KULJIT SINGH Vs. NORTH EASTERN ELECTRIC POWER CORPORATION

JUDGEMENT

(1.) These two civil revisions arise out of the orders dated 4.8.97 passed by the Additional Deputy Commissioner, East Khasi Hills, Shillong, in Misc. Civil Appeal No. 19(T) 93 and Civil Appeal No. 18(T) 93, involving common question of facts and law and, therefore, these two civil revisions were taken up for hearing jointly. These two civil revisions are also finally disposed of with the following common judgment and order.

(2.) In Civil Revision No. 6(SH) 1998, the petitioner and the respondents entered into a contract agreement being contract agreement No. NEEPCO/CE/5 of 79-80 dated 10.12.79 for the work of outlet work for Khadong Power House - RCC Duet and Trail Race Channel Lining which formed part of Kopili in C.R. No. 4 (SH) Hydro Electric Project in North Cachar Hills District. Similarly the petitioner and the respondents entered into another contract agreement being contract agreement No. NEEPCO/CE/5 of 79-80, dated 10.12.79 for the work of Khandong Power House- RCC Duet and Trail Race Channel Lining which formed part of Kopili Hydro Electric Project in North Cachar Hills District.

(3.) Certain disputes arose between the parties with respect to aforesaid contracts and pursuant to the arbitration clause being contained in the contract agreements executed between the parties, the disputes referred to arbitrators appointed by both the parties for arbitration. The arbitrators passed an award on 29.4.90 and the same was made rule of the Court by order dated 18.5.93 passed in (Arb) Misc. Case No. 62(T)90 by the Court of the Assistant to the Deputy Commissioner, Shillong, and while making the award rule of the Court, the said Court also awarded interest at the rate of 18% per annum from the date of the decree till final realisation of the awarded/decreetal amount with certain conditions. This is in respect of Civil Revision No. 4(SH)98. So far as Civil Revision No. 6(SH)98 is concerned, the petitioner submitted ten claims for adjudication. Out of the ten claims, claim Nos. 7 and 8 were for mesne profit/interest from due date of payment upto the date of reference and for interest pendente lite. After the arbitrators made and published the award on 29.4.90, on objection raised by the concerned party, the award was remitted back to the arbitrators by the Court for giving reasons and thereafter, the arbitrators gave their reasons on 12.8.91 and filed the same before the Court. But the arbitrators did not adjudicate claim Nos. 7 and 8. Therefore, the petitioner filed an application under Sections 8 and 20 of the Arbitration Act, 1940, (hereinafter called "the Act of 1940") which was registered as (Arb) Misc. Case No. 111(T)1990, for referring the claim Nos. 7 and 8 to a new Board of Arbitrators for adjudication of the same. The Assistant to the Deputy Commissioner, Shillong, after hearing the parties by his order dated 18.5.93 allowed the petition and directed the respondents to refer the claim Nos. 7 and 8 to a new Board of Arbitrators. Being aggrieved by the aforesaid order dated 18.5.93, the respondents preferred Misc. Civil Appeal No. 19(T)93 in the Court of the Additional Deputy Commissioner, Shillong. The learned appellate Court set aside the order dated 18.5.93 by a common judgment and order dated 4.8.97 in Misc. Civil Appeal No. 18(T)93 and Misc. Civil Appeal No. 19(7)93 filed by the respondents. Aggrieved by the common judgment and order dated 4.8.97 passed by the Additional Deputy Commissioner, Shillong, the petitioner has preferred these two civil revisions.