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Showing contexts for: arbitration in Bharat Coking Coal Ltd vs M/S Annapurna Construction on 29 August, 2003Matching Fragments
J U D G M E N T S.B. SINHA, J :
These appeals are directed against the judgment and order dated 29.4.1997 passed by the High Court of Patna, Ranchi Bench, Ranchi in Appeal from Original Order No.169 of 1995 (R) whereby and whereunder the appeal preferred by the appellant herein from a judgment and order dated 3.6.1995 passed by the Subordinate Judge, 4th Court, Dhanbad in Title (Arbitration) Suit No.109 of 1994 was dismissed.
FACTS:
The basic fact of the matter is not in dispute. The parties hereto entered into a contract for construction of 140 numbers of temporary hutments, the estimated cost of which was Rs.49,45,447.81. A formal work order was issued to the respondent herein. Entire work in terms of the agreement was to be completed within a period of four months.
A formal contract was entered into for the aforementioned work by and between the parties. The said contract contained an arbitration agreement. The said contractual job was not allegedly completed by the respondent within the stipulated period wherefor a request was made for extension of time till 31.12.1986 to complete the work. Further extensions of time were sought for and granted from time to time. Disputes and differences having arisen between the parties, the arbitration agreement was invoked. The Chief Engineer of the appellant-Company was appointed as the sole arbitrator. He was to give a reasoned award. Before the arbitrator the respondent raised a claim of Rs.55,01,640.66. The appellant herein also raised a counter claim for a sum of Rs.28,47,860.57. By reason of an award dated 13.7.1994, the sole arbitrator awarded a sum of Rs.18,97,729.37 with interest @ 18% per annum in favour of the respondent. The counter claim of the appellant, however, was rejected.
The said award was filed before the learned Subordinate Judge, Dhanbad for being made a rule of court in terms of Section 14 of the Arbitration Act, 1940 (for short 'the Act'). The appellant herein in the said proceedings filed an objection under Sections 15, 16, 30 and 33 of the Act. The learned trial Judge by reason of a judgment dated 3.6.1995 rejected the said objection of the appellant and made the award as rule of court, where-against an appeal was preferred which by reason of the impugned judgment was dismissed.
"In the instant case, the contract was terminated by the respondents on April 26, 1980, and as such all the issues arose out of the termination of the contract and they could have been raised in the first claim petition filed before the Arbitrator by the Appellant. This having not been done the second claim petition before the Arbitrator raising the remaining disputes is clearly barred. With regard to the submission as to the applicability of the principles of res judicata as provided in Section 11 of the Code of Civil Procedure to arbitration case, it is to be noted that Section 41 of the Arbitration Act provides that the provisions of the Code of Civil Procedure will apply to the Arbitration proceedings. The provisions of res judicata are based on the principles that there shall be no multiplicity of proceedings and there shall be finality of proceedings. This is applicable to the arbitration proceedings as well."