AVADH BEHARI ROHATGI

( 1 ) THE petitioner M/s. Mehta Teja Singh and Co. are a firm of contractors (contractor ). The respondent. Union of India invited them to accept the work of construction of irrigation channels for equine breeding studs at Hissar. One of the items of this work was this :

"rough excavation in any soil (ordinary or hard), getting out and removal of spoil to a distance not exceeding 440 yardsll as specified".

( 2 ) THE contractor executed the work. Payments were made to him from time to time. At the end of the work, in the final bill it was found that he was entitled to a balance sum of Rs. 12,782. 09.

( 3 ) AT that stage the Union lodged a claim against the contractor. The claim was that as the contractor had been overpaid he should refund to them a sum of Rs. 50,478. 15. The contractor denied the claim. The matter went to the arbitrator.

( 4 ) LT. Col. M. K. Bakshi, Commander Works Engineer was appointed as the arbitrator. He made the award on 1st June, 1973. On the claim of the Union for refund his award was in these terms :

" (B) Claimant s claim No. 2 of Rs. 50,478. 15 against recoveries for removal of spoil to a distance less than specified. The claimant shall

Click Here to Read the rest of this document