989 (15 ) ALR 807 , 1990 (1 )ARBLR55 (SC ), 1989 (2 ) AWC 1408 (SC), 1989 INSC 305 , JT1989 (4 )SC 166 , 1989 (2 )SCALE822 , (1989 )4 SCC595 , [1989 ]Supp1 SCR398 , 1990 (1 )ShimLC255 , 1990 (1 )UJ280 , ,MANU/SC/0253/1989
B.C. Ray#Sabyasachi Mukherjee#2117SC2120Judgment/OrderAIR#ALR#ArbLR#AWC#INSC#JT#MANU#SCALE#SCC#SCR(Supp)#ShimLC#UJB.C. Ray,SUPREME COURT OF INDIA2013-11-20Applies to all arbitrations,Application and Scope,General Concept,Extent of Departure From The Old Law.,Application for Setting Aside Award,Recourse Against Arbitral Award,Miscellaneous,Commencement of Arbitral Proceedings,Conduct of Arbitral Proceedings,Counterclaim,Statements of Claim and Defence,Conduct of Arbitral Proceedings,Scheme,Finality,Arbitral Awards,Miscellaneous,Application for setting aside arbitral award,Recourse Against Arbitral Award,Res judicata.,Jurisdiction of Courts and res Judicata,Suits In General,Law of Arbitration, Conciliation and Mediation,Civil Procedure86910,20460,20181,86942,16939,17163 -->
MANU/SC/0253/1989
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 4209-10 of 1989
Decided On: 05.10.1989
Appellants: K.V. George Vs. Respondent: Secretary to Government, Water and Power Department, Trivandrum and Ors.
Hon'ble Judges/Coram:
B.C. Ray and Sabyasachi Mukherjee JUDGMENT
B.C. Ray, J.
1. Special leave granted.
2. These appeals on special leave have been filed by the contractor, K.V. George against the judgment and order passed on 10th April, 1987 by the Kerala High Court in M.F.A. No. 291 and 304 of 1982 whereby the High Court set aside the judgment of the Sub-Court, Trivandrum in OP. (Arb.) No. 296 of 1981 as also the award of the Arbitrator in A.C. No. 276 of 1980 and directed that the Arbitrator will dispose of the Arbitration case No. 132 of 1980 in the light of the judgment of the Sub-Court in O.P. (Arb.) No. 81 of 1981 in accordance with law considering the claim of the contractor-appellant and the counter-claim of the respondents.
3. The appellant who is a contractor entered into a contract with the respondents on April 22, 1978 in connection with the construction of tan embankment across Musaliyar Padom between Chaniage 2573.5 M to 2827 M of E B. Main canal of Kallada Irrigation Project. The work was required to be completed by 30th March, 1980 i.e. two years from the date of selection notice which was dated 30th March, 1978. As the appellant failed to complete the work as per the terms of the contract, the respondents sent a notice dated April 26, 1980 to the appellant cancelling the contract at his risk and cost. On July 2, 1980 the appellant filed a claim being arbitration case No. 132 of 1980 before the named Arbitrator i.e. the Chief Engineer (Arbitration), Vallayambalam, Trivandrum claiming enhancement of rates in respect of the earth work involved in contract, interest on delayed payments and costs. The second respondent, the Superintending Engineer, K.I.P. Circle, Karnataka filed a defence statement stating inter alia in para 2(1) that the time of completion of the work was fixed as 24 months from the date of handing over site to the contractor and he could have anticipated all such venations before quoting rates. As per agreement the rates once agreed will not be enhanced. The department is not bound to pay the claimant a revision of schedule. In para 2(m) it has also been pleaded that as per agreement the contractor is b........