STATE OF ORISSA Vs. DAMODAR DAS
LAWS(SC)-1995-12-20
SUPREME COURT OF INDIA (FROM: ORISSA)
Decided on December 15,1995

STATE OF ORISSA Appellant
VERSUS
DAMODAR DAS Respondents





Cited Judgements :-

HARI SHANKAR SINGHANIA VS. GAUR HARI SINGHANIA [LAWS(SC)-2006-4-33] [REFERRED TO]
JAGDISH CHANDER VS. RAMESH CHANDER [LAWS(SC)-2007-4-161] [REFERRED TO]
B AND T AG VS. MINISTRY OF DEFENCE [LAWS(SC)-2023-5-79] [REFERRED TO]
SOUTH DELHI MUNICIPAL CORPORATION VS. SMS AAMW TOLLWAYS PRIVATE LTD. [LAWS(SC)-2018-11-29] [REFERRED TO]
CHANDRA NIRMAN PVT LTD VS. ORIENT PAPER MILLS LIMITED [LAWS(MPH)-2012-8-444] [REFERRED]
RAMESH CHANDRA SAMANTRAY VS. EXECUTIVE ENGINEER, RURAL WORKS DIVISION-II [LAWS(ORI)-2014-4-51] [REFERRED TO]
MILESTONES THROUGH MUDASIR VS. STATE OF J & K [LAWS(J&K)-2022-5-58] [REFERRED TO]
INTELENET GLOBAL SERVICES PVT. LTD. VS. MADHYA PRADESH PASCHIM KSHETRA VIDYUT VITRAN COMPANY LIMITED [LAWS(MPH)-2017-12-102] [REFERRED TO]
NAGAR NIGAM VS. SHARAD ROHTAGI [LAWS(ALL)-2022-9-198] [REFERRED TO]
DLF UNIVERSAL LIMITED VS. STATE BANK OF INDIA & 2 [LAWS(GJH)-2012-8-392] [REFERRED TO]
PURE DIETS INDIA LIMITED VS. LOKMANGAL AGRO INDUSTRIES LTD. [LAWS(DLH)-2023-7-206] [REFERRED TO]
BINDRA BUILDERS VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2012-7-558] [REFERRED TO]
KOCCHAR CONSTRUCTION WORKS VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-1998-9-22] [REFERRED]
FOOD CORPORATION OF INDIA VS. HARTLAND SHIPPING CO. [LAWS(CAL)-2004-7-105] [REFERRED TO]
OIL AND NATURAL GAS CORPORATION LIMITED VS. RELIANCE ENERGY LIMITED [LAWS(BOM)-2013-1-35] [REFERRED TO]
GATHAN DATTA VS. STATE OF TRIPURA [LAWS(TRIP)-2021-1-71] [REFERRED TO]
VISHNU VS. STATE OF MAHARASHTRA [LAWS(SC)-2013-10-8] [REFERRED TO]
KARNATAKA POWER TRANSMISSION CORPORATION LIMITED VS. DEEPAK CABLES (INDIA) LTD [LAWS(SC)-2014-4-18] [REFERRED TO]
SRIDEVI CONSTRUCTION CO VISAKHAPATNAM VS. COMMANDER OF WORKS ENGINEER [LAWS(APH)-2004-6-37] [REFERRED TO]
BUNDEL KHAND ADVERTISING ASSOCIATION AND 5 OTHERS VS. STATE OF U P AND 8 OTHERS [LAWS(ALL)-2018-3-44] [REFERRED TO]
CHIEF ENGINEER (MADHYA GANGA) AND OTHERS VS. JAIN CONSTRUCTION CO. ENGINEERS [LAWS(ALL)-2018-11-134] [REFERRED TO]
SHRI JAI GURUDEV TEXTILE AGENCIES VS. SURYA PROCESSORS PRIVATE LIMITED [LAWS(DLH)-2023-5-215] [REFERRED TO]
JAI GURUDEV TEXTILE AGENCIES VS. SURYA PROCESSORS PRIVATE LIMITED [LAWS(DLH)-2023-5-199] [REFERRED TO]
UNION OF INDIA VS. KARNATAKA IMPLEMENTS AND MACHINERIES CO LTD [LAWS(DLH)-2009-9-3] [REFERRED TO]
UJWALA RAJE SHAH VS. VEER CORPORATION [LAWS(BOM)-2013-3-8] [REFERRED TO]
ZEE ENTERTAINMENT ENTERPRISES LIMITED VS. SUNEEL DARSHAN [LAWS(BOM)-2013-8-17] [REFERRED TO]
TECHNOFAB ENGG LIMITED VS. BHARAT PETROLEUM [LAWS(DLH)-1998-9-26] [REFERRED]
KAMLA CONSTRUCTION COMPANY VS. STATE OF RAJASTHAN [LAWS(RAJ)-2023-8-60] [REFERRED TO]
RAJENDRA PRASAD BANSAL VS. UNION OF INDIA [LAWS(RAJ)-2019-8-275] [REFERRED TO]
JOLLY THOMAS VS. KOTTAYAM CABLE CHANNEL DISTRIBUTOR PVT. CO. [LAWS(KER)-2015-10-310] [REFERRED TO]
M/S NCC LIMITED VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2018-3-551] [REFERRED TO]
TAMIL NADU ELECTRICITY BOARD VS. KIRLOSKAR CONSTRUCTIONS AND ENGINEERS LIMITED [LAWS(MAD)-2008-6-577] [REFERRED TO]
STATE OF ORISSA VS. BHAGYADHAR DASH [LAWS(SC)-2011-7-84] [REFERRED TO]
NATIONAL HYDROELECTRIC POWER CORPORATION LTD VS. VIJAY KUMAR SHARMA [LAWS(HPH)-2013-1-97] [REFERRED]
SOUTHERN RAILWAY VS. CHERIAN VARKEY CONSTRUCTION CO. PVT. LTD [LAWS(KER)-2022-3-118] [REFERRED TO]
ENVIRO-SANITATION J&K VS. MUNICIPAL CORPORATION , JAMMU [LAWS(J&K)-2021-3-109] [REFERRED TO]
VINITHA ASSOCIATES LTD VS. LAKSHNA HOLDINGS PVT LTD [LAWS(MAD)-2007-3-407] [REFERRED TO]
JOLLY THOMAS VS. KOTTAYAM CABLE CHANNEL DISTRIBUTOR PVT. CO. [LAWS(KER)-2014-10-370] [REFERRED TO]
JOLLY THOMAS VS. KOTTAYAM CABLE CHANNEL DISTRIBUTOR PVT. CO. [LAWS(KER)-2014-10-370] [REFERRED TO]
STERLITE TECHNOLOGIES LIMITED VS. ASTER PRIVATE LIMITED [LAWS(TLNG)-2020-1-180] [REFERRED TO]
MAHANADI COALFIELDS LTD VS. IVRCL AMR JOINT VENTURE [LAWS(SC)-2022-7-114] [REFERRED TO]
P. DASARATHARAMA REDDY COMPLEX VS. GOVERNMENT OF KARNATAKA [LAWS(SC)-2013-10-50] [REFERRED TO]
MANJU LATA SHARMA VS. VINAY KUMAR DUBEY [LAWS(ALL)-2003-5-305] [REFERRED]
PRESSTEELS AND FABRICATIONS PRIVATE LIMITED VS. CHIEF ENGINEER ELECTRICITY PROJECTS HYD [LAWS(APH)-1999-8-90] [REFERRED TO]
RAMESHWARA HOMES AND APARTMENTS PVT LIMITED VS. MANOJILAL SEAL [LAWS(CAL)-2007-10-33] [REFERRED TO]
SHYAM SUNDER AGARWAL VS. P NAROTHAM RAO [LAWS(APH)-2011-7-59] [REFERRED TO]
R P SOUZA AND CO VS. CHIEF ENGINEER P W D [LAWS(BOM)-1999-4-81] [REFERRED TO]
SUNIL KUMAR VS. AAKAR [LAWS(DLH)-2002-5-49] [REFERRED]
GANGA POLLUTION CONTROL UNIT U P JAL NIGAM MAINI VS. CIVIL JUDGE ALLAHABAD [LAWS(ALL)-2000-7-2] [REFERRED]
HARBHAJAN SARABJEET AND ASSOCIATES VS. MAHARASHTRA KRISHNA VALLEY DEVELOPMENT CORPORATION [LAWS(BOM)-2010-10-12] [REFERRED TO]
AVALON INVESTMENT PRIVATE LIMITED VS. MUKESH BROKERAGE & FINANCIAL LIMITED [LAWS(BOM)-2012-7-57] [REFERRED TO]
V. K. DEWAN & CO. VS. DELHI JAL BOARD [LAWS(DLH)-2022-10-144] [REFERRED TO]
MANIKA SETT VS. SETT IRON FOUNDRY [LAWS(CAL)-2022-7-42] [REFERRED TO]
EN VEEKA CONSTRUCTION CO VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-1998-11-84] [REFERRED]
AIREX LOGISTICS EXPRESS SERVICES P. LTD. VS. ASIT C. MEHTA INVESTMENT INTERMEDIATES LIMITED [LAWS(BOM)-2015-1-126] [REFERRED TO]
GARRISON ENGINEER (WEST) AGRA CANTT AGRA VS. ADDITIONAL DISTIRCT JUDGE, AGRA [LAWS(ALL)-2014-12-57] [REFERRED TO]
GANGA PLUMBERING WORKS VS. KANPUR DEVELOPMENT AUTHORITY [LAWS(ALL)-2005-1-61] [REFERRED TO]
NATIONAL THERMAL POWER CORPORATION LTD. VS. SIEMENS ATIENGESELLSCHAFT [LAWS(DLH)-2016-12-45] [REFERRED TO]
NYANESHWAR BHIKU DHARGALKAR VS. EXECUTIVE ENGINEER P W D GOA [LAWS(BOM)-1999-2-75] [REFERRED TO]
AMAR ENGINEERING WORKS VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-7-74] [REFERRED]
SATISH R. SHET AND ANOTHER VS. DR. P.R. KUMAR [LAWS(KAR)-2017-1-68] [REFERRED TO]
MADHYA PRADESH PASCHIM KSHETRA VIDYUT VITRAN COMPANY LTD VS. SERCO BPO PVT. LTD. [LAWS(MPH)-2017-12-90] [REFERRED TO]
YASHDEEP BUILDERS ENGINEERS AND CONTRACTORS VS. STATE OF GUJARAT [LAWS(GJH)-2005-12-62] [REFERRED TO]
KAILASH CHAND GIAN CHAND JAIN VS. UNION OF INDIA [LAWS(RAJ)-2023-8-91] [REFERRED TO]
PHILIPS INDIA LIMITED VS. S.N. MEDICAL COLLEGE RESIDENCY ROAD [LAWS(RAJ)-2023-9-76] [REFERRED TO]
STEEL AUTHORITY OF INDIA LIMITED VS. J C BUDHARAJA GOVERNMENT AND MINING CONTRACTOR [LAWS(SC)-1999-9-106] [REFERRED]
K K MODI VS. K N MODI [LAWS(SC)-1998-2-96] [RELIED ON]
BHARAT BHUSHAN BANSAL VS. U R SMALL INDUSTRIES CORPORATION LTD [LAWS(SC)-1999-1-18] [RELIED ON]
BHARAT BHUSHAN BANSAL VS. U P SMALL INDUSTRIES CORPORATION LTD [LAWS(SC)-1990-1-49] [REFERRED TO]
RAGHU NANDAN VS. VIJAY KUMAR [LAWS(RAJ)-2008-5-48] [REFERRED TO]
MOHAMMED MASROOR SHAIKH VS. BHARAT BHUSHAN GUPTA [LAWS(SC)-2022-2-9] [REFERRED TO]
B PATEL AND COMPANY VS. STATE OF GUJARAT [LAWS(GJH)-1998-5-13] [RELIED ON]
SANJAY AGRAWAL VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2015-2-5] [REFERRED TO]
BIRENDRA BHAGAT VS. ARCH INFRA PROPERTIES PRIVATE LIMITED [LAWS(CAL)-2024-5-95] [REFERRED TO]
MEDA NARSIMHULU VS. COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH NEW DELHI [LAWS(APH)-1999-4-52] [REFERRED TO]
NARESH KUMAR GUPTA VS. M.C.D. [LAWS(DLH)-2013-2-74] [REFERRED TO]
AVANT GARDE CLEAN ROOM & ENGG. SOLUTIONS PVT. LTD. VS. IND SWIFT LIMITED [LAWS(DLH)-2014-5-549] [REFERRED TO]
ARVIND KUMAR DEWANGAN S/O LATE SHRI G D DEWANGAN VS. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (B/R) DIVISION [LAWS(CHH)-2016-7-72] [REFERRED]
SHASHIKANT AGRAWAL VS. STATE OF CHHATTISGARH AND ORS [LAWS(CHH)-2016-7-57] [REFERRED]
MUNICIPAL CORPORATION OF GREATER BOMBAY VS. KULKAMI [LAWS(BOM)-1998-2-40] [REFERRED TO]
GANGA PLUMBERING WORKS VS. KANPUR DEVELOPMENT AUTHORITY [LAWS(ALL)-2008-1-2] [REFERRED TO]
TAMIL NADU MARITIME BOARD VS. SIMPLEX INFRASTRUCTURE LIMITED [LAWS(MAD)-2019-8-87] [REFERRED TO]
SHARMA & ASSOCIATES VS. STATE OF PUNJAB [LAWS(P&H)-2005-10-31] [REFERRED TO]
BHOOMIKA HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. VS. REENA KUMARI [LAWS(KAR)-2022-7-294] [REFERRED TO]
TAMIL NADU WATER SUPPLY AND DRAINAGE BOARD VS. N ABDUL KAREEM [LAWS(MAD)-2010-7-6] [FOLLOWED [PARA 30]]
SRI AKILANDESWARI MILLS LTD. VS. SRI RAJENDRA MILLS LTD. [LAWS(MAD)-1997-11-174] [REFERRED TO]
K. JANARDHAN REDDY VS. B.R. BASUTKAR AND ORS. [LAWS(KAR)-2015-12-85] [REFERRED TO]
ORISSA MINING CORPORATION LTD. AND ANR. VS. J.C. BUDHARAJA, CHAIRMAN [LAWS(ORI)-1999-10-28] [REFERRED TO]
LUBNA KHAN VS. DR. AKHTAR HUSSAUN KHAN [LAWS(ORI)-2010-4-79] [REFERRED TO]
TERRA INFRA DEVELOPMENT LIMITED VS. M/S. NCC LIMITED [LAWS(TLNG)-2022-6-98] [REFERRED TO]
PUNJAB STATE VS. DINA NATH [LAWS(SC)-2007-5-138] [REFERRED TO]
STATE OF M.P. VS. CHANDY & COMPANY [LAWS(MPH)-1999-12-48] [REFERRED TO]
MOHAMMED ARIF CONTRACTOR VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2015-4-188] [REFERRED TO]
BALRAM SEHGAL VS. VINOD KUMAR SEHGAL [LAWS(DLH)-2008-12-88] [REFERRED TO]
YUSUF KHAN VS. NURUL HUDA AND ORS. [LAWS(CALCDRC)-2014-7-6] [REFERRED TO]
M V V SATYANARAYANA VS. UNION OF INDIA [LAWS(APH)-1998-9-29] [REFERRED TO]
STATE OF CHHATTISGARH & ANOTHER VS. VINEET SINGH CONSTRUCTION COMPANY PVT. LTD. [LAWS(CHH)-2017-2-4] [REFERRED TO]
ASHOKA BULIDCON LTD VS. MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION LTD [LAWS(BOM)-2008-5-41] [REFERRED TO]
VED PRAKASH GUPTA VS. MUNICIPAL CORPORATION OF GREATER BOMBAY [LAWS(BOM)-1998-10-2] [REFERRED TO]
VARMA REALTORS VS. HABIB ALLADIN AND ORS. [LAWS(APH)-2015-8-31] [REFERRED TO]
M/S KULDIP SINGH SETHI & GAGAN GOYAL VS. ECOLE GLOBALE INTERNATIONAL GIRLS SCHOOL [LAWS(UTN)-2019-7-21] [REFERRED TO]
ARIF AZIM CO. LTD VS. APTECH LTD. [LAWS(SC)-2024-3-1] [REFERRED TO]
SECUNDERABAD CANTONMENT BOARD VS. B.RAMACHANDRAIAH [LAWS(SC)-2021-3-42] [REFERRED TO]
T. ASHOK SURANA VS. SMALL INDUSTRIES DEVELOPMENT BANK OF INDIA [LAWS(MAD)-2015-10-18] [REFERRED TO]
MANOHAR DAS VS. RAJASTHAN STATE COOPERATIVE PRESS LTD [LAWS(RAJ)-2011-12-33] [REFERRED TO]
M P HOUSING BOARD VS. SATISH KUMAR RAIZADA [LAWS(MPH)-2002-11-14] [REFERRED TO]
M/S. CHANDRA NIRMAN PVT. LTD. VS. M/S. ORIENT PAPER MILLS LIMITED [LAWS(MPH)-2012-8-347] [REFERRED TO]
S.M.R.NAGARAJAN VS. N.NAVAMANI [LAWS(MAD)-2020-1-14] [REFERRED TO]
ENNORE PORT TRUST CHENNAI VS. HCC VAN OORD ACZ JOINT VENTURE HINCON HOUSE LBS MARG VIKHROLI WEST MUMBAI [LAWS(MAD)-2009-8-245] [REFERRED TO]
ALPHARD MARITIME PVT. LTD. VS. MALARA ENTERPRISES [LAWS(GJH)-2021-4-17] [REFERRED TO]
FAISAL MOHAMMAD KHAN VS. HARISINGH SAINI [LAWS(MPH)-2016-6-105] [REFERRED TO]
M VENKATA RAO VS. UNION OF INDIA [LAWS(APH)-2008-2-64] [REFERRED TO]
KALYAN CHAND GOYAL VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-1998-11-102] [REFERRED]
S. V. CHOUDARY VS. V. VIDYA SAGAR [LAWS(APH)-2022-11-205] [REFERRED TO]
JAYANTILAL HIRALAL PATEL VS. DHANLAXMI KANTILAL PATEL [LAWS(BOM)-2012-8-51] [REFERRED TO]
AJENDER SINGH VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-8-22] [REFERRED]
CONART ENGINEERS LIMITED VS. SHAMROCK INDUSTRIAL COMPANY LIMITED [LAWS(BOM)-2001-11-55] [REFERRED TO]
ATV PROJECTS INDIA LTD VS. WALCHANDNAGAR INDUSTRIES LTD [LAWS(BOM)-2006-2-153] [REFERRED TO]
BHAGWAN DEVI VS. CHAIMAN DELHI AGRIULTURE MARKETING [LAWS(DLH)-2006-5-4] [REFERRED TO]
SUPER ADS VS. ALL INDIA RADIO [LAWS(DLH)-2023-3-115] [REFERRED TO]
WELSPUN ENTERPRISES LTD. VS. NCC LTD. [LAWS(DLH)-2022-10-182] [REFERRED TO]
GEO MILLER & CO. PVT. LTD. VS. CHAIRMAN, RAJASTHAN VIDYUT UTPADAN NIGAM LTD [LAWS(SC)-2019-9-4] [REFERRED TO]
BHARAT SANCHAR NIGAM LIMITED VS. NORTEL NETWORKS INDIA PRIVATE LIMITED [LAWS(SC)-2021-3-34] [REFERRED TO]
SERMEN INDIA ROAD MAKERS PVT LTD VS. STATE OF M P [LAWS(MPH)-2005-1-7] [REFERRED TO]
GULBARGA UNIVERSITY GULBARGA VS. MALLIKARJUN [LAWS(KAR)-2001-11-1] [REFERRED TO]
ASIA RESORTS LTD. VS. USHA BRECO LTD. [LAWS(HPH)-1997-8-36] [REFERRED TO]
MUTHU SRINIVASAN VS. LAKSHMI GENERAL FINANCE LIMITED [LAWS(MAD)-2008-4-77] [REFERRED TO]
JAGUAR OVERSEAS LTD VS. J&K STATE POWER DEVELOPMENT CORPORATION [LAWS(J&K)-2023-10-30] [REFERRED TO]
BLUE STAR LIMITED VS. RAHUL SARAF [LAWS(CAL)-2023-6-103] [REFERRED TO]
ORIENT PAPER MILLS BRAJRAJNAGAR VS. STATE OF M P [LAWS(CHH)-2006-5-10] [REFERRED TO]
MYSORE CONSTRUCTION COMPANY VS. KARNATAKA POWER CORPORATION LIMITED [LAWS(KAR)-2000-3-78] [REFERRED TO]
R. N. GHANEKAR & CO. VS. MUNICIPAL CORPORATION OF GREATER MUMBAI [LAWS(BOM)-2023-3-281] [REFERRED TO]
NEMAI MAITY VS. NETAI MAITY [LAWS(CAL)-2013-3-149] [REFERRED]
SHIV KUMAR JATIA VS. S R G P INDUSTRIES LTD [LAWS(ALL)-2004-11-112] [REFERRED TO]
NEMAI MAITY VS. NETAI MAITY [LAWS(CAL)-2014-3-124] [REFERRED TO]
DAYNAND PROSAD SINHA VS. HINDUSTAN STEEL WORKS CONSTRUCTION LIMITED [LAWS(CAL)-2000-5-29] [REFERRED]
SANTOSH AGARWAL VS. RAJA DEVI AGARWAL [LAWS(CAL)-2000-9-49] [REFERRED TO]
SATLUJ JAL VIDYUT NIGAM LIMITED VS. NATHPA JHAKRI JOINT VENTURE [LAWS(HPH)-2006-6-8] [REFERRED TO]
INDIAN HUME PIPE COMPANY LIMITED VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-3-340] [REFERRED TO]
UTTARAKHAND PURV SAINIK KALYAN NIGAM LIMITED VS. NORTHERN COAL FIELD LIMITED [LAWS(MPH)-2018-1-236] [REFERRED TO]
MADHYA PRADESH ROAD DEVELOPMENT CORPORATION LIMITED VS. M/S JABALPUR CORRIDOR (INDIA) PVT LTD. [LAWS(MPH)-2016-12-30] [REFERRED TO]
N. CHAURASIA ASSOCIATES VS. NORTHERN COALFIELDS LIMITED [LAWS(MPH)-2015-2-4] [REFERRED TO]
PANDEY COAL BRIQUETES VS. NATIONAL THERMAL POWER CORPORATION [LAWS(MPH)-2015-2-85] [REFERRED TO]
GHULAM MOHI-UD-DIN WANI VS. EXECUTIVE ENGINEER [LAWS(J&K)-2013-8-15] [REFERRED TO]
KHURSHEED AHMAD LONE VS. DIRECTOR SOCIAL FORESTRY [LAWS(J&K)-2024-2-33] [REFERRED TO]
A.V. COTTEX LIMITED VS. NATIONAL INSURANCE COMPANY AND ORS. [LAWS(P&H)-2011-3-482] [REFERRED TO]
INDIAN INSTITUTE OF SCIENCE VS. GEMINI CONSTRUCTION COMPANY [LAWS(KAR)-2006-2-79] [REFERRED TO]
STATE OF BIHAR VS. GOBIND PRASAD AGRAWAL [LAWS(PAT)-2000-10-11] [REFERRED TO]
GARG CONSTRUCTION COMPANY VS. STATE OF HARYANA [LAWS(P&H)-2022-7-178] [REFERRED TO]
INTERNATIONAL AMUSEMENT LIMITED VS. INDIA TRADE PROMOTION ORGANISATION [LAWS(SC)-2014-12-64] [REFERRED TO]


JUDGEMENT

Ramaswamy, J. - (1.)These appeals arise from the orders of the High Court Orissa dated February 15,1982 made in Miscellaneous Appeal No. 65 of 1982 etc. The respondent-Contractor was entrusted with the work "construction of sump and pump chamber etc. for pipes W / S to village Kentile" as per agreement dated September 21.1967, "Village Kentile water supply scheme construction of 20,000 gallons capacity R.R. masonary underground Reservoir" as per agreement dated July 19, 1976 and "Piped water supply to Kentile - Construction of 0.135 M.G.D. Treatment Plant" as per agreement dated October 6, 1977 for the years 1967-68, 1976-77 respectively. In respect of latter two contracts, after executing some work, he abandoned the contract and accepted the measurements and payment of the fourth running bill without any objection on July 19,1976 and October 6, 1977 respectively. With regard to the first, he accepted the measurement and payment of the bill without raising any objection.
(2.)On September 15, 1980, the respondent wrote a letter to the Chief Engineer, Public Health, Orissa alleging that disputes had arisen out of and relating to the aforesaid agreement for the works done and called upon the Chief Engineer to nominate an arbitrator who is turn informed the respondent that since there was no arbitration clause in the agreement, the question of reference to arbitrator did not arise. The respondent thereon filed applications under Sections 8 and 20 of the Arbitration Act in the Court of subordinate Judge, Bhubaneswar for appointment of an arbitrator. By orders dated September 7 and 14, 1981, the Subordinate Judge allowed the application under Section 8 and directed the parties to file the agreement in the Court and also to nominate panel of names for appointment as an arbitrator. On revision and appeals having been filed, the High Court, by its order dated February 15,1982, dismissed the revision and miscellaneous appeals. Different arbitrators came to be appointed by the Court in each case. Thus, these appeals for special leave.
(3.)Two contentions have been canvassed before us impugning the legality of the order of the Subordinate Judge as confirmed by the High Court to appoint the arbitrator. The first contention is that there is no arbitration agreement between the parties. Therefore, the question of reference does not arise. It is further contended that works having been executed as early as in 1967 and 1976, the dispute is barred by limitation. Another contention raised is that the respondent having received the amounts without any protest, cannot avail of the arbitration. The learned counsel for the respondent, on the other hand, contended that the decision of the Public Health Engineer is final in respect of any claim, right, matter or thing whatsoever in any way arising out of, or relating to, the contract or conditions or otherwise concerning the works or execution or failure to execute the same or any orders or conditions during the progress of the work or after the completion or sooner determination thereof by necessary implication envisages, within its ambit, an arbitration of a dispute or difference between the appellants and the respondent. The respondent having issued a notice calling upon the Chief Engineer to appoint or nominate an arbitrator and the Chief Engineer having failed to do so, he is entitled to invoke the jurisdiction of the Court under Sections 8 and 20 of the Act. The Subordinate Court and the High Court, therefore, were right in their conclusion that the clause in question provides for an arbitration of the dispute. The claim was made on September 15, 1980 and the applications are immediately filed thereafter. Therefore, the claims are not barred by limitation.


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