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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Sanjay K. Agrawal, J
State of Chhattisgarh, through: The Secretary, Water Resource Department, D.K.S. Bhawan, Mantralaya, Raipur (C.G.) – Appellant
Versus
B.S.B.K. Pvt. Ltd., B.S.B.K. House, Nandini Road, Bhilai (C.G.) – Respondent
Order :
(Sanjay K. Agrawal, J.)
1. Invoking revisional jurisdiction of this Court under Section 19 of the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983 (the Act), the present Civil Revision has been filed by the Petitioners/State authorities calling in question the legality, validity and correctness of the Award dated 8.1.2007 passed by the Chhattisgarh Madhyastham Adhikaran, Raipur (the Tribunal) in Reference Case No.42/2005 filed by M/s B.S.B.K. Pvt. Ltd., i.e., the Respondent herein.
2. By impugned Award dated 8.1.2007, the Tribunal while partly allowing the said reference petition, has passed an award of Rs.75,66,064.65 together with interest @ 6% per annum from 16.2.1996 on the balance amount of T.D.R. of Rs.21,94,966/- till the date of award has been passed in favour of Respondent herein and against the Petitioners herein, along with further interest @ 12% per annum from the date of award till its realization together with proportionate cost of the reference petition.
3. On 10.12.1990, the work of ‘construction of Power House Building at the toe of Power Dam Blocks 15 to 17 of Minimata (Hasdeo) Bango Dam’ was awarded to the Respondent by the Petitioners/State authorities. O
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An arbitrator cannot exceed jurisdiction by awarding claims not supported by written approval as mandated by the contract, rendering the award illegal.
Point of law: Arbitral Tribunal is not bound by the Code of Civil Procedure or the Indian Evidence Act.
The court confirmed the validity of the Arbitrator's findings regarding excess work claims and the correct application of interest, highlighting that overlapping interest claims were erroneous.
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