Bhopal Development Authority vs M/s Srijan Consultants.

Petitioner has filed this petition against the award dated 12.09.2003 passed by the M.P. Arbitration Tribunal Bhopal in reference case No. 60/2000.

The respondent made a reference under Section 7 of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter called "Act of 1983) claiming an amount of Rs. 17,32,000/- as amount due against the respondent on account of contract awarded in favour of the respondent.

The respondent was awarded a contract to prepare concept plan layout for the scheme named as M.P. Rajya Karmachari Avas Yojana. An agreement was executed in this regard on 30.04.1998. In accordance with the agreement, the respondent had to perform following work.

i) Architectural Work and site Development.

ii) Structural Engineering Work.

iii) Sanitary, Plumbing, drainage, water supply and sewerage work;

iv) Electrical Work; and

v) Landscape work for which complete planning and working out of details were required to be carried out.

The respondent pleaded that it had performed the work upto the stage 5 and submitted bills of Rs. 17,82,000/-, however, the petitioner rejected the drawing, designs and estimates submitted by the respondent.

The tribunal after appreciation of evidence has held that the respondent failed to adduce any material to show that he completed work of stage 2 to 5. The findings of the tribunal are based on proper appreciation of evidence thereafter, the tribunal has held that the respondent had completed the work of state first and as per the agreement he was entitled to receive an amount of Rs. 3,56,000/-.

The petitioner had paid an amount of Rs. 50,000/-, hence, the respondent is eligible to get an amount of Rs. 3,06,400/- with security deposit of Rs. 2500/-. In our opinion, the findings recorded by the tribunal are based on proper appreciation of evidence. There is no illegality in the findings recorded by the tribunal. The contract was a work contact and the tribunal had jurisdiction to entertain the dispute.

Consequently, we do not find any merit in this civil revision, it is hereby dismissed. No order as to costs.