JUDGMENT

1. This revision under Section 19 of Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for short Adhiniyam, 1983) is directed against the award dated 10.4.2001 passed by Madhya Pradesh Arbitration Tribunal, Bhopal (for short Tribunal) in Reference Case No.33/1988.

2. On a dispute arising from an agreement for construction of earthen dam from R.D. 668 M to R.D. 1500 M of Kanhargaon Tank Project, District Chhindwara, non-applicant, viz., Munnalal Pannalal Constructions filed a reference under Section 7 of the Adhiniyam, 1983 before the Tribunal.

3. Out of seven claims, the Tribunal allowed Claim No.4, based on construction of rock toe consisting of Item No.3 and 3(a) and Claim No. 7 for price escalation.

4. As per non-applicant, the rate of work has been mentioned as Rs.60/- per cubic metre for construction of rock toe. Nonapplicant has reduced the rate of 9th and 10th running bill from Rs.60/- per cubic metre to Rs.39.69/- per cubic metre. Similarly, 13th to 16th running bills were also reduced from Rs.60/- to Rs.39.69/- per cubic metre. Non-applicant has challenged this reduction as arbitrary. Tribunal has allowed Claim No. 4 and held that non-applicant is entitled to g