UNION OF INDIA Vs. CHENAB CONSTRUCTION JOINT VENTURE

JUDGEMENT

(1.) This petition under Section 34 of the Arbitration & Conciliation Act, 1996 challenges the Award of the three member Arbitral Tribunal comprising of the Chief Engineer of the Northern Railway, FA & CAO (Traffic) Northern Railway and the Group General Manager of the Delhi Metro Railway Corporation (Presiding Arbitrator), an officer who is said to be on deputation from the Railways to the DMRC.

(2.) The counsel for the petitioner has only pressed his objections with regard to Claim Nos. 6, 9, 10, 26 and 8, additional Claim No. 1, additional Claim No. 6 and the award of interest as adjudicated in the Award.

(3.) The scope for hearing of a petition under Section 34 is now well settled. A court would interfere with the Award only if the same is illegal or violative of the contractual provisions or the findings are so perverse that it shocks the judicial conscience. Keeping in view the aforesaid parameters, I have examined the contentions as raised by the counsel for the petitioner.