Bharat Coking Coal Ltd. vs. M/S. L.K. Ahuja & Co.
Bharat Coking Coal Ltd. vs. M/s. L.K. Ahuja & Co.
In respect of certain contracts of work assigned by the appellant certain disputes having been arisen, the matter was referred to arbitration. Two awards were made and the same were filed in the court of the Civil Judge in two Title (Arbitration) Suits Nos. 37/86 and 40/86. By a common order, the trial court made the awards rule of court in entirety and decrees were drawn in terms thereof. An appeal was filed against the said common order before the High Court. The High Court having dismissed the said appeal, the matter was carried to the Supreme Court.
Facts:
1. Two works were assigned by the appellant for construction of 108 and 72 units of B Type quarters at Karmik Nagar, Dhanbad pursuant to a tender notice dated 4/13.7.1981. 2. After certain negotiations between the parties, two work orders were issued by the appellant to the respondent on certain terms and conditions mentioned therein valuing at Rs.86,49,730/- and Rs.57,64,368/- for the said two works on 14.3.1982 and two separate agreements were executed by the parties. 3. The schedule dates for completion of the respective works were fixed as 24.3.1983 and 19.3.1983. 4. The respondent sought for extension of time which was granted by the appellant. 5. Disputes having arisen between the parties, the matter was referred to the sole arbitrator, Shri M.P.Sharma, the then Additional Chief Engineer. 6. The arbitrator made two awards in respect of the two contracts on 14.5.1989, which were filed in the court of the Civil Judge on 12.6.1990 in two Title [Arbitration] Suits Nos. 37/86 and 40/86. 7. Arbitrator asks both parties to file certain joint statements showing the quantities, rates and the payments made for various items and balance payment due to the claimant under various heads and other particulars on 26.4.89. 8. The arbitrator noticed in the course of his award that the joint statement signed by both the parties is
In respect of certain contracts of work assigned by the appellant certain disputes having been arisen, the matter was referred to arbitration. Two awards were made and the same were filed in the court of the Civil Judge in two Title (Arbitration) Suits Nos. 37/86 and 40/86. By a common order, the trial court made the awards rule of court in entirety and decrees were drawn in terms thereof. An appeal was filed against the said common order before the High Court. The High Court having dismissed the said appeal, the matter was carried to the Supreme Court.
Facts:
1. Two works were assigned by the appellant for construction of 108 and 72 units of B Type quarters at Karmik Nagar, Dhanbad pursuant to a tender notice dated 4/13.7.1981. 2. After certain negotiations between the parties, two work orders were issued by the appellant to the respondent on certain terms and conditions mentioned therein valuing at Rs.86,49,730/- and Rs.57,64,368/- for the said two works on 14.3.1982 and two separate agreements were executed by the parties. 3. The schedule dates for completion of the respective works were fixed as 24.3.1983 and 19.3.1983. 4. The respondent sought for extension of time which was granted by the appellant. 5. Disputes having arisen between the parties, the matter was referred to the sole arbitrator, Shri M.P.Sharma, the then Additional Chief Engineer. 6. The arbitrator made two awards in respect of the two contracts on 14.5.1989, which were filed in the court of the Civil Judge on 12.6.1990 in two Title [Arbitration] Suits Nos. 37/86 and 40/86. 7. Arbitrator asks both parties to file certain joint statements showing the quantities, rates and the payments made for various items and balance payment due to the claimant under various heads and other particulars on 26.4.89. 8. The arbitrator noticed in the course of his award that the joint statement signed by both the parties is